bharya engineering contracting co ltd vs labour commissioner another 2022 tzca 421 14 july 2022

bharya engineering contracting co ltd vs labour commissioner another 2022 tzca 421 14 july 2022

The applicant satisfied the procedural and substantive requirements for stay of execution, including prompt filing, demonstration of irreparable loss, and willingness to provide security, justifying grant of ex parte stay pending inter partes hearing.

Citation
bharya engineering contracting co ltd vs labour commissioner another 2022 tzca 421 14 july 2022
Parties
Applicant: Bharya Engineering and Contracting Co. Ltd; 1st Respondent: Labour Commissioner; 2nd Respondent: Legit Auction Mart
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 July 2022
Procedural Posture
Civil Application for Stay of Execution / Ex Parte Application for Stay of Execution Pending Inter Partes Hearing
Outcome
Application granted
Legal Topics
Stay of Execution, Appeals, Irreparable Loss, Security for Performance
Source Language
English
Civil Procedure Labour Law Stay of Execution Appeals Irreparable Loss Security for Performance

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Parties

Bharya Engineering and Contracting Co. Ltd

Applicant

Labour Commissioner

1st Respondent

Legit Auction Mart

2nd Respondent

Procedural Posture

Civil Application for Stay of Execution / Ex Parte Application for Stay of Execution Pending Inter Partes Hearing

Legal Issues

  1. 1 Whether the applicant has met the requirements for grant of stay of execution pending appeal
  2. 2 Whether irreparable loss would be suffered if stay is not granted

Ratio Decidendi

The applicant satisfied the procedural and substantive requirements for stay of execution, including prompt filing, demonstration of irreparable loss, and willingness to provide security, justifying grant of ex parte stay pending inter partes hearing.

Court Disposition

Application granted

Orders

  • Ex parte stay of execution in Labour Execution No. 224 of 2021 arising from Labour Appeal No. 1 of 2022, High Court (Labour Division) dated 27th May, 2022, pending hearing and determination of the application inter partes.