enikon t ltd another vs abeid s makai others 2023 tzca 17776 25 october 2023

enikon t ltd another vs abeid s makai others 2023 tzca 17776 25 october 2023

The applicants satisfied all mandatory conditions for stay of execution: risk of irreparable loss, timely application, and firm undertaking to provide security. Respondents did not oppose, provided security is given. The Court granted stay of execution, directing security in the form of a bank guarantee for the decreed sum within thirty days.

Citation
enikon t ltd another vs abeid s makai others 2023 tzca 17776 25 october 2023
Parties
Applicant: Enikon (T) Ltd; Applicant: Enikon Construction Cyprus Ltd; Respondent: Abeid S. Makai & 15 Others
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 October 2023
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application granted
Legal Topics
Stay of Execution, Security for Due Performance, Appeal Process, Labour Dispute, Unfair Termination
Source Language
English
Labour Law Civil Procedure Stay of Execution Security for Due Performance Appeal Process Labour Dispute Unfair Termination

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Parties

Enikon (T) Ltd

Applicant

Enikon Construction Cyprus Ltd

Applicant

Abeid S. Makai & 15 Others

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicants have shown good cause for stay of execution pending appeal
  2. 2 Whether the applicants have satisfied the mandatory conditions for stay of execution under Rule 11 of the Court of Appeal Rules

Ratio Decidendi

The applicants satisfied all mandatory conditions for stay of execution: risk of irreparable loss, timely application, and firm undertaking to provide security. Respondents did not oppose, provided security is given. The Court granted stay of execution, directing security in the form of a bank guarantee for the decreed sum within thirty days.

Court Disposition

Application granted

Orders

  • Stay of execution of the decree of the High Court of Tanzania, Labour Revision No. 869 of 2010, is ordered pending appeal.
  • Applicants to deposit security in form of a bank guarantee for Euro 71,073.00 within thirty days of the ruling.