mbeya cement co ltd vs sara ole daniel another 2022 tzca 603 3 october 2022

mbeya cement co ltd vs sara ole daniel another 2022 tzca 603 3 october 2022

The applicant met both mandatory conditions under rule 11(5): demonstrated risk of substantial loss if execution proceeds and gave a firm undertaking to provide security by way of bank guarantee equivalent to the award; thus, stay of execution is warranted pending appeal.

Citation
mbeya cement co ltd vs sara ole daniel another 2022 tzca 603 3 october 2022
Parties
Applicant: Mbeya Cement Co. Ltd; 1st Respondent: Sara Ole Daniel; 2nd Respondent: Jane Michael Mponzi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 October 2022
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
application granted
Legal Topics
Stay of Execution, Security for Due Performance, Balance of Convenience, Irreparable Loss
Source Language
English
Labour Law Civil Procedure Stay of Execution Security for Due Performance Balance of Convenience Irreparable Loss

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Parties

Mbeya Cement Co. Ltd

Applicant

Sara Ole Daniel

1st Respondent

Jane Michael Mponzi

2nd Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant has met the conditions for stay of execution under rule 11(5) of the Tanzania Court of Appeal Rules, 2009

Ratio Decidendi

The applicant met both mandatory conditions under rule 11(5): demonstrated risk of substantial loss if execution proceeds and gave a firm undertaking to provide security by way of bank guarantee equivalent to the award; thus, stay of execution is warranted pending appeal.

Court Disposition

application granted

Orders

  • Stay of execution of the Drawn Order of the High Court in Misc. Application No. 12 of 2020 granted pending appeal.
  • Applicant to execute a bank guarantee equivalent to TZS 86,255,536 in favour of the 1st respondent and TZS 47,591,368 in favour of the 2nd respondent within thirty days as security for due performance.