capital drilling t limited vs abdullhab seif kamanae others 2024 tzca 153 1 march 2024

capital drilling t limited vs abdullhab seif kamanae others 2024 tzca 153 1 march 2024

Applicant complied with statutory conditions for stay of execution, demonstrated likelihood of substantial loss, and made a firm undertaking to furnish security. Bank guarantee is the appropriate form of security given the circumstances.

Citation
capital drilling t limited vs abdullhab seif kamanae others 2024 tzca 153 1 march 2024
Parties
Applicant: Capital Drilling (T) Limited; Respondents: Abdullhab Seif Kamanae & 118 Others
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 March 2024
Procedural Posture
Civil Application for Stay of Execution / Ruling on Inter Partes Application for Stay of Execution Pending Appeal
Outcome
application granted
Legal Topics
Stay of Execution, Security for Due Performance, Substantial Loss, Labour Dispute
Source Language
English
Labour Law Civil Procedure Stay of Execution Security for Due Performance Substantial Loss Labour Dispute

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Parties

Capital Drilling (T) Limited

Applicant

Abdullhab Seif Kamanae & 118 Others

Respondents

Procedural Posture

Civil Application for Stay of Execution / Ruling on Inter Partes Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant will suffer substantial loss if stay is not granted
  2. 2 Whether the applicant has made a firm undertaking to furnish security for due performance of the decree

Ratio Decidendi

Applicant complied with statutory conditions for stay of execution, demonstrated likelihood of substantial loss, and made a firm undertaking to furnish security. Bank guarantee is the appropriate form of security given the circumstances.

Court Disposition

application granted

Orders

  • Stay of execution of decree in Labour Revision No. 95 of 2020 granted.
  • Applicant to deposit bank guarantee of TZS 5,006,948,761.80 within sixty days.