lea associates south asia pvt ltd vs burton sospeter 2023 tzhc 19333 25 july 2023
- Citation
- lea associates south asia pvt ltd vs burton sospeter 2023 tzhc 19333 25 july 2023
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 25 July 2023
- Posture
- Miscellaneous Labour Application / Ruling on Application for Stay of Execution
- Language
- English
More details
- Court
- TZHC
- Decision
- 25 July 2023
- Posture
- Miscellaneous Labour Application / Ruling on Application for Stay of Execution
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The interest of justice demands that execution be stayed because the award is subject to a pending revision before the court.
Court disposition
Application granted
Orders
- Execution of the decree is stayed pending final determination of Labour Revision No. 07/2022
- No order as to costs
02
Material facts
Parties
LEA ASSOCIATES SOUTH ASIA PVT LTD
Applicant Counsel: John LaswaiBURTON SOSPETER
Respondent Counsel: Kanani Chombala03
Procedural history
Posture
Miscellaneous Labour Application / Ruling on Application for Stay of Execution
04
Questions and positions
Legal issues
Whether execution of the CMA award should be stayed pending determination of Labour Revision No. 7/2022
Party arguments
- Applicant
- Applicant seeks stay of execution of the CMA award pending outcome of Labour Revision No. 7/2022.
- Respondent
- Respondent agrees that stay should be granted due to pending revision.
05
Court’s reasoning
Legal principles
- 01
Court's reasoning
Interest of justice requires stay of execution when the decree is subject to pending revision.
06
Ratio, limits and disposition
Ratio decidendi
The interest of justice demands that execution be stayed because the award is subject to a pending revision before the court.
Obiter and limits
- It would be awkward for the respondents to proceed with execution of the decree which is subject on Revision (appeal).
Court disposition
Application granted
- Execution of the decree is stayed pending final determination of Labour Revision No. 07/2022
- No order as to costs
Source and reliance status
TZHC · 25 July 2023
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 July 2023
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA
IN THE DISTRICT REGISTRY OF TABORA
AT TABORA MISC. LABOUR APPLICATION NO. 3 OF 2022 (Originating from CMA/TAB/SKNG/102/2020/20) LEA ASSOCIATES SOUTH ASIA PVT LTD................... APPLICANT
VERSUS BURTON SOSPETER............................................... RESPONDENT
RULING Date of Last Order: 25/07/2023 Date of Ruling: 25/07/2023 MATUMA, J. In this Application the Applicant is seeking for stay of execution of the award of Commission for Mediation and Arbitration in Labour dispute no. CMA/TAB/SKNG/102/2020/20 dated 31/03/2022. The Application is made to enable the execution be stayed pending the outcome of the main application in Labour Revision no. 7/2022 which is pending in this court. Mr. John Laswai learned advocate appeared for the Applicant while Mr. Kanani Chombala Learned advocate appeared for the respondent. i Both parties were in an agreement that since there is a pending Revision in this court, the interest of justice requires that this application be granted. I agree with the learned advocates that indeed the interest of justice demands the grant of this application because the award intended to be executed is the subject in Labour Revision no. 7/2022 supra. It would be awkward for the respondents to proceed with the execution of the decree which is subject on Revision (appeal). I therefore grant the prayer and order that execution in the herein above named decree be stayed pending the final determination of Labour Revision no. 07/2022 in this court. No orders as to cost red.
UMA
JUDGE 25/07/2023 Court: Ruling delivered in chambers in the presence of Mr. John Laswai and Mr. Kanani arned advocates for the applicant and respondent respecti
UMA
JUDGE 25/07/2023 2
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