20091211 TZCA Zanzibar

20091211 TZCA Zanzibar

The application for stay of execution was dismissed because the applicants failed to establish prima facie likelihood of success, irreparable loss, or that the balance of convenience favored them. The jurisdictional issue was not properly raised in the affidavit and was not apparent on the face of the record. The claim of irreparable loss was unsupported, as the respondent was not jobless and being a foreigner is not a ground to deprive rights.

Citation
20091211 TZCA Zanzibar
Parties
Applicant: General Manager, Kiwengwa Strand Hotel; Applicant: Kiwengwa Strand Hotel Ltd; Respondent: Juan Fransisco Munoz
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 December 2009
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Jurisdiction, Wrongful Termination, Labour Disputes
Source Language
English
Civil Procedure Labour Law Stay of Execution Jurisdiction Wrongful Termination Labour Disputes

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Parties

General Manager, Kiwengwa Strand Hotel

Applicant

Kiwengwa Strand Hotel Ltd

Applicant

Juan Fransisco Munoz

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicants are entitled to a stay of execution pending appeal
  2. 2 Whether the High Court (Industrial Division) had jurisdiction to entertain the suit
  3. 3 Whether the applicants would suffer irreparable loss if stay is not granted

Ratio Decidendi

The application for stay of execution was dismissed because the applicants failed to establish prima facie likelihood of success, irreparable loss, or that the balance of convenience favored them. The jurisdictional issue was not properly raised in the affidavit and was not apparent on the face of the record. The claim of irreparable loss was unsupported, as the respondent was not jobless and being a foreigner is not a ground to deprive rights.

Court Disposition

Application dismissed with costs

Orders

  • Application for stay of execution is dismissed with costs