CIVIL APPLICATION NO 657 05 OF 2024 KILI SECURITY CO

CIVIL APPLICATION NO 657 05 OF 2024 KILI SECURITY CO

The applicant demonstrated good cause for stay of execution by timely filing, showing risk of substantial loss, readiness to provide security, and compliance with procedural requirements. Both parties agreed on the form of security. Therefore, stay of execution is granted conditional upon provision of a bank guarantee for the decreed sum within sixty days.

Citation
CIVIL APPLICATION NO 657 05 OF 2024 KILI SECURITY CO
Parties
Applicant: Kili Security Co. Ltd; Respondent: Tumaini Jacob Mathayo; Respondent: Omary Musa Mphinanga; Respondent: Yusuf Omary Mzimbili; Respondent: Omary Athumani Mndolwa; Respondent: Izack George Mulla; Respondent: Charles Martin Mhina; Respondent: Godson Andrea Mchomvu
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 Process, Labour Dispute Execution
Source Language
English
Labour Law Civil Procedure Stay of Execution Security for Due Performance Appeal Process Labour Dispute Execution

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Parties

Kili Security Co. Ltd

Applicant

Tumaini Jacob Mathayo

Respondent

Omary Musa Mphinanga

Respondent

Yusuf Omary Mzimbili

Respondent

Omary Athumani Mndolwa

Respondent

Izack George Mulla

Respondent

Charles Martin Mhina

Respondent

Godson Andrea Mchomvu

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant has demonstrated good cause for stay of execution under rule 11 (2) (b) and (d) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether the applicant has fulfilled all conditions for grant of stay, including provision of security for due performance

Ratio Decidendi

The applicant demonstrated good cause for stay of execution by timely filing, showing risk of substantial loss, readiness to provide security, and compliance with procedural requirements. Both parties agreed on the form of security. Therefore, stay of execution is granted conditional upon provision of a bank guarantee for the decreed sum within sixty days.

Court Disposition

application granted

Orders

  • Execution of the decree in Labour Revision No. 11 of 2023 of the High Court of Tanzania at Moshi dated 19/03/2023 is stayed pending determination of appeal.
  • Applicant must deposit a bank guarantee of TZS 35,863,459.00 as security within sixty days from the date of the ruling.