bulyanhulu gold mine limited vs joseph saguge 2021 tzhc 5842 31 august 2021

IN THE HIGH COURT OF TANZANIA (LABOUR DIVISION)

AT MWANZA MISC. LABOUR APPLICATION NO. 27 OF 2021 (Originating from Labour Revision No. 30 of 2021) BULYANHULU GOLD MINE LIMITED................. APPLICANT

VERSUS JOSEPH SAGUGE........................................ RESPONDENT

RULING Last order: 23/08/2021 Ruling date: 31/08/2021 M.MNYUKWA, J. This is an application for stay of execution of the award of the Commission for Mediation and arbitration in Labour dispute No. CMA/SHY/113/2019. When the matter was coming for hearing, the applicant was represented by the learned advocate, Mr. Imani Mafuru while the respondent engaged the services of Ms. Ester Safari, a learned advocate. i With leave of the court, the matter was argued orally. During his submission the applicant's counsel submitted that they prays for the stay of execution of the award of the CMA that awarded the respondent Tshs. 80,451,000/=. He submitted that, the applicant is aggrieved by the decision of the CMA that prompted to file Labour Revision No. 30 of 2021 which is pending before Hon. Tiganga, J. The learned counsel for the applicant averred that the amount awarded to the respondent that is Tshs. 80,451,000/= is huge and if it is executed the applicant will not be able to recover that amount because the respondent current source of income and or assets are unknown to the applicant and he is not employed. He went on to submit that since the applicant is not objecting to the application, he prays this court to stay execution pending the determination of the Labour Revision No. 30 of 2021 which is before Hon. Tiganga, J. In response, the counsel for the respondent invited the court

to consider applicant's prayer in the instant application. 2 I have considered the applicant's prayers as sought in chamber summons along with his affidavit filed in this court on 09/07/2021 and the oral submission. As it was rightly argued by the applicant's counsel which was not objected by the respondent that there is pending Labour Revision No. 30 of 2021 in this court before Hon. Tiganga J, which will determine the fate of the CM A award. I subscribe the applicant's prayer that if the stay of execution is not granted, the applicant will suffer irreparable loss because the respondent source of income and assets are not known by the applicant and currently the respondent is not employed. In addition to that neither party will be put in jeopardy by the grant of stay of execution. From the above reasons, I invoke my power under S. 91 (3) of the Employment and Labour Relations Act Cap 366 [R.E. 2019] that gives power to the labour court to stay the enforcement of the award pending its decision. Therefore, I find good reason to stay the execution of the commission's for Mediation and Arbitration award in Labour dispute No. CMA/SHY/113/2019 until the Labour Revision No. 30 of 2021 is heard and determined. 3 In the final analysis, I hereby allow the application and stay the execution as prayed. No order as to,co . It is so ordered. I < M.MNYUKWA #31/08/2021 Ruling delivered on 31/08/2021 via audio teleconference whereby all parties were remotely present. M.M NYUKWA

JUDGE 31/08/2021 4