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Tanzania Judgment

TZHC

jc gear exprocom ab t ltd vs jumbe karala and another 2021 tzhc 2493 25 march 2021

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Professional case brief

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Source document

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

Applicant

Jumbe Karala

Respondent

Sweka Obadia

Respondent

03

Procedural history

  1. 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

  1. 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.

  2. 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

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Judgment reading view

Judgment text

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Source document

TZHC

Judgment· 25 March 2021

jc gear exprocom ab t ltd vs jumbe karala and another 2021 tzhc 2493 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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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Employment and Labour Relations Act [Cap 366 R.E 2019]

Legislation

Legislation referenced in the available case record.

Labour Court Rules, 2007, GN No. 106/2007

Legislation

Legislation referenced in the available case record.

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