jc gear exprocom ab t ltd vs jumbe karala and another 2021 tzhc 2493 25 march 2021
- Citation
- jc gear exprocom ab t ltd vs jumbe karala and another 2021 tzhc 2493 25 march 2021
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 25 March 2021
- Posture
- Miscellaneous Labour Application / Ruling on Stay of Execution
- Language
- English
More details
- Court
- TZHC
- Decision
- 25 March 2021
- Posture
- Miscellaneous Labour Application / Ruling on Stay of Execution
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Application for stay of execution allowed as respondents did not object and statutory requirements were met.
Court disposition
Application allowed
Orders
- Execution of the award in CMA/MZA/NYAM/196/2020 is stayed pending determination of Labour Revision No. 04/2021
- No order as to costs
02
Material facts
Parties
JC GEAR EXPROCOM AB (T) LTD
ApplicantJumbe Karala
RespondentSweka Obadia
Respondent03
Procedural history
Posture
Miscellaneous Labour Application / Ruling on Stay of Execution
04
Questions and positions
Legal issues
Whether execution of the award should be stayed pending determination of Labour Revision No. 04/2021
Party arguments
- Applicant
- Applicant prayed for stay of execution pending determination of Revision Application No. 04/2021.
- Respondent
- Respondents did not file counter affidavit and did not object to the application.
05
Court’s reasoning
Legal principles
- 01
Section 91(3) of the Employment and Labour Relations Act [Cap 366 R.E 2019]
Stay of execution may be granted pending determination of revision application.
- 02
Rule 24(1) of the Labour Court Rules, 2007, GN No. 106/2007
Application for stay of execution governed by Labour Court Rules, 2007.
06
Ratio, limits and disposition
Ratio decidendi
Application for stay of execution allowed as respondents did not object and statutory requirements were met.
Court disposition
Application allowed
- Execution of the award in CMA/MZA/NYAM/196/2020 is stayed pending determination of Labour Revision No. 04/2021
- No order as to costs
Source and reliance status
TZHC · 25 March 2021
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 25 March 2021
IN THE HIGH COURT OF TANZANIA
IN THE DISTRICT REGISTRY
ATMWANZA MISC. LABOUR APPLICATION No. 07 OF 2021 JC GEAR EXPROCOM AB {T) LTD -------------------------------------- APPLICANT
VERSUS JUMBE KARA LA -------------------------------------------------- 1 ST RESPONDENT SWEKA OBADIA ------------------------------------------------- 2° RESPONDENT
RULING 25" March, 2021 TIGANGA, J The applicant JC GEAR EXPROCOM AB (T) LTD filed this application praying for one main order for stay of execution pending determination of Revision Application No. 04/2021. The application was filed under section 91 (3) of the Employment and Labour Relations Act [Cap 366 R.E 2019] and Rule 24 (1) of the Labour Court Rules, 2007, GN No. 106/2007. After being served with the application, the respondent did not file counter affidavit to oppose the application, and even at the hearing of this 1 application, the respondent through their representative of own choice they expressed to the court that they did not object the application. That being the case, I hereby allow an application, the execution of the award in CMA/MZA/NYAM/196/2020 is hereby stayed pending determination of Labour Revision No. 04/2021, involving the parties before this court. No order as to costs is made. It is accordingly ordered. DATED at MWANZA this 25 day of March, 2021 Judge 25/03/2021 2
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