CIVIL APPLICATION NO

CIVIL APPLICATION NO

The applicant has complied with the requirements of Rule 11(4), (5), and (7) of the Court of Appeal Rules, 2009 as amended, and there is good cause to stay execution pending appeal, subject to furnishing security.

Citation
CIVIL APPLICATION NO
Parties
Applicant: Kamaka IT Solutions; 1st Respondent: Burton Samwel; 2nd Respondent: Mahsudi Ally; 3rd Respondent: Peter Charles; 4th Respondent: Edson Allen; 5th Respondent: Doto Kasanga; 6th Respondent: Rashid Haruna; 7th Respondent: Issa Suleiman; 8th Respondent: Abubakar Suleiman; 9th Respondent: Ladrof Paulo; 10th Respondent: Alanus Timothy
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application granted
Legal Topics
Stay of Execution, Security for Due Performance, Appeal Procedure
Source Language
English
Labour Law Civil Procedure Stay of Execution Security for Due Performance Appeal Procedure

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Parties

Kamaka IT Solutions

Applicant

Burton Samwel

1st Respondent

Mahsudi Ally

2nd Respondent

Peter Charles

3rd Respondent

Edson Allen

4th Respondent

Doto Kasanga

5th Respondent

Rashid Haruna

6th Respondent

Issa Suleiman

7th Respondent

Abubakar Suleiman

8th Respondent

Ladrof Paulo

9th Respondent

Alanus Timothy

10th Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant has met the requirements for stay of execution pending appeal
  2. 2 Whether security for due performance should be furnished

Ratio Decidendi

The applicant has complied with the requirements of Rule 11(4), (5), and (7) of the Court of Appeal Rules, 2009 as amended, and there is good cause to stay execution pending appeal, subject to furnishing security.

Court Disposition

Application granted

Orders

  • Stay of execution of the decree of the High Court Labour Division in Labour Revision No. 576 of 2019 dated 15th October, 2021 is granted pending determination of the appeal.
  • Applicant must furnish a bank guarantee of TZS 47,362,800.00 as security within 14 days; failure to do so will extinguish the stay order.