cma cgm tanzania ltd vs justine bruti 2019 tzca 160 25 february 2019

cma cgm tanzania ltd vs justine bruti 2019 tzca 160 25 february 2019

The decree is executable as it grants the respondent alternative rights to reinstatement or compensation; the applicant satisfied all cumulative conditions for stay of execution under Rule 11; stay is granted pending appeal.

Citation
cma cgm tanzania ltd vs justine bruti 2019 tzca 160 25 february 2019
Parties
Applicant: CMA CGM Tanzania Ltd; Respondent: Justine Baruti
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 February 2019
Procedural Posture
Civil Application / Ruling on Stay of Execution Pending Appeal
Outcome
Application granted
Legal Topics
Stay of Execution, Unfair Termination, Compensation, Reinstatement
Source Language
English
Labour Law Civil Procedure Stay of Execution Unfair Termination Compensation Reinstatement

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Parties

CMA CGM Tanzania Ltd

Applicant

Justine Baruti

Respondent

Procedural Posture

Civil Application / Ruling on Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the decree of the High Court is executable for purposes of stay
  2. 2 Whether the applicant meets the conditions for stay of execution under Rule 11 of the Tanzania Court of Appeal Rules

Ratio Decidendi

The decree is executable as it grants the respondent alternative rights to reinstatement or compensation; the applicant satisfied all cumulative conditions for stay of execution under Rule 11; stay is granted pending appeal.

Court Disposition

Application granted

Orders

  • Execution of the High Court decree stayed pending appeal.
  • Applicant to deposit an unconditional bank guarantee covering the decretal amount within thirty days.