CIVIL APPLICATION NO 1079 OF 2024 MASHAPALALE AFRICAN GOLD CO

CIVIL APPLICATION NO 1079 OF 2024 MASHAPALALE AFRICAN GOLD CO

The applicant satisfied the cumulative requirements for stay of execution: timely application, demonstration of potential substantial loss if stay is refused, and willingness to provide security for due performance. However, the Court found that cash security equivalent to the award amount is more appropriate than the pledged landed property. Accordingly, stay is granted on condition of depositing TZS 4,600,000 with interest as security within 30 days.

Citation
CIVIL APPLICATION NO 1079 OF 2024 MASHAPALALE AFRICAN GOLD CO
Parties
Applicant: Mashapale African Gold Co. Ltd; 1st Respondent: Fredrick Kitaly; 2nd Respondent: Adon Adolf
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution allowed with conditions
Legal Topics
Stay of Execution, Security for Due Performance, Unlawful Termination, Appeal Procedure
Source Language
English
Labour Law Civil Procedure Stay of Execution Security for Due Performance Unlawful Termination Appeal Procedure

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Parties

Mashapale African Gold Co. Ltd

Applicant

Fredrick Kitaly

1st Respondent

Adon Adolf

2nd Respondent

Procedural Posture

Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant has met the requirements for stay of execution under the Court of Appeal Rules
  2. 2 Whether substantial loss or hardship would be suffered by the applicant if stay is refused
  3. 3 Whether security for due performance has been adequately furnished

Ratio Decidendi

The applicant satisfied the cumulative requirements for stay of execution: timely application, demonstration of potential substantial loss if stay is refused, and willingness to provide security for due performance. However, the Court found that cash security equivalent to the award amount is more appropriate than the pledged landed property. Accordingly, stay is granted on condition of depositing TZS 4,600,000 with interest as security within 30 days.

Court Disposition

Application for stay of execution allowed with conditions

Orders

  • Stay of execution of the decree pending appeal is granted.
  • Applicant to deposit TZS 4,600,000 with interest as security for due performance within 30 days from the date of the ruling.