magole agriculture co ltd vs alleth nemburis siara 6 others 2022 tzhc 787 31 march 2022

magole agriculture co ltd vs alleth nemburis siara 6 others 2022 tzhc 787 31 march 2022

There are sufficient grounds for staying execution pending determination of the revision application, as the applicant may suffer irreparable loss and the balance of convenience favours the applicant. The right to be heard is a serious triable issue in the pending revision.

Citation
magole agriculture co ltd vs alleth nemburis siara 6 others 2022 tzhc 787 31 march 2022
Parties
Applicant: Magole Agriculture Co. Ltd; Respondents: Alleth Nemburis Siara & 6 Others
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 March 2022
Procedural Posture
Miscellaneous Labour Application / Ruling on Application for Stay of Execution Pending Revision
Outcome
Stay of execution granted pending determination of Revision Application No. 05 of 2021.
Legal Topics
Stay of Execution, Revision Proceedings, Labour Dispute, Enforcement of Awards
Source Language
English

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Parties

Magole Agriculture Co. Ltd

Applicant

Alleth Nemburis Siara & 6 Others

Respondents

Procedural Posture

Miscellaneous Labour Application / Ruling on Application for Stay of Execution Pending Revision

  1. 1 Whether to grant a stay of execution of Labour Execution No. 1 of 2021 pending determination of Revision No. 05 of 2021

Ratio Decidendi

There are sufficient grounds for staying execution pending determination of the revision application, as the applicant may suffer irreparable loss and the balance of convenience favours the applicant. The right to be heard is a serious triable issue in the pending revision.

Court Disposition

Stay of execution granted pending determination of Revision Application No. 05 of 2021.

Orders

  • Stay of execution of Labour Execution No. 1 of 2021 pending determination of Revision Application No. 05 of 2021.