CIVIL APPLICATION NO 471 08 OF 2024 BHARYA ENGINEERING AND CONTRACTING CO LIMITED VS LABOUR COMMISSIONER ANOTHER

CIVIL APPLICATION NO 471 08 OF 2024 BHARYA ENGINEERING AND CONTRACTING CO LIMITED VS LABOUR COMMISSIONER ANOTHER

The applicant fulfilled all statutory conditions for stay of execution, including timely filing, provision of security for due performance, and submission of required documents. Therefore, stay of execution was granted pending appeal, conditional upon deposit of a bank guarantee for the decretal sum within thirty days.

Citation
CIVIL APPLICATION NO 471 08 OF 2024 BHARYA ENGINEERING AND CONTRACTING CO LIMITED VS LABOUR COMMISSIONER ANOTHER
Parties
Applicant: Bharya Engineering and Contracting Co. Limited; 1st Respondent: Labour Commissioner; 2nd Respondent: Legit Auction Mart
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Stay of execution granted pending appeal, conditional on security.
Legal Topics
Stay of Execution, Security for Due Performance, Labour Dispute, Appeal Procedure
Source Language
English
Labour Law Civil Procedure Stay of Execution Security for Due Performance Labour Dispute Appeal Procedure

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Parties

Bharya Engineering and Contracting Co. Limited

Applicant

Labour Commissioner

1st Respondent

Legit Auction Mart

2nd Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant satisfied the conditions for stay of execution under the Court of Appeal Rules

Ratio Decidendi

The applicant fulfilled all statutory conditions for stay of execution, including timely filing, provision of security for due performance, and submission of required documents. Therefore, stay of execution was granted pending appeal, conditional upon deposit of a bank guarantee for the decretal sum within thirty days.

Court Disposition

Stay of execution granted pending appeal, conditional on security.

Orders

  • Execution of the decree is stayed pending determination of the appeal.
  • Applicant must deposit a bank guarantee for TZS 24,296,000.00 within thirty days.