20031017 TZCA Dar es Salaam

20031017 TZCA Dar es Salaam

The Court found that refusal to grant stay would render the appeal nugatory and cause irreparable loss to the applicant, as the respondent would not be able to refund the Sh. 30 million if the appeal succeeds. On balance of convenience, the applicant would suffer greater hardship if execution is not stayed. Therefore, stay of execution was granted pending determination of the appeal.

Citation
20031017 TZCA Dar es Salaam
Parties
Applicant: Murray & Roberts Contractors (T) Ltd.; Respondent: Jennifer Paul
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 October 2003
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution allowed
Legal Topics
Stay of Execution, Damages for Breach of Employment Contract, Appeal Procedure
Source Language
English
Civil Procedure Employment Law Stay of Execution Damages for Breach of Employment Contract Appeal Procedure

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Parties

Murray & Roberts Contractors (T) Ltd.

Applicant

Jennifer Paul

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether there are sufficient grounds to grant a stay of execution pending appeal
  2. 2 Whether refusal to grant stay would render the appeal nugatory or cause irreparable loss

Ratio Decidendi

The Court found that refusal to grant stay would render the appeal nugatory and cause irreparable loss to the applicant, as the respondent would not be able to refund the Sh. 30 million if the appeal succeeds. On balance of convenience, the applicant would suffer greater hardship if execution is not stayed. Therefore, stay of execution was granted pending determination of the appeal.

Court Disposition

Application for stay of execution allowed

Orders

  • Stay of execution granted pending appeal
  • Costs to abide the result of the appeal