otter mining limited vs majengo athuman mohamed 2023 tzca 17998 15 december 2023

The applicant filed the application for stay of execution within 14 days of becoming aware of the execution proceedings, and has satisfied all the cumulative requirements under rule 11 of the Tanzania Court of Appeal Rules, 2009. Therefore, the stay of execution is granted, conditional upon furnishing an irrevocable bank guarantee.

Citation: otter mining limited vs majengo athuman mohamed 2023 tzca 17998 15 december 2023
Parties: Applicant: Otter Mining Limited; Respondent: Majengo Athuman Mohamed
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 15 December 2023
Procedural Posture: Civil Application / Application for Stay of Execution Pending Appeal
Outcome: Application granted
Legal Topics: Stay of Execution, Unfair Termination, Labour Dispute, Appeal Procedure
Source Language: English

Labour Law Civil Procedure Stay of Execution Unfair Termination Labour Dispute Appeal Procedure

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Parties

Otter Mining Limited

Applicant

Majengo Athuman Mohamed

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

1 Whether the applicant satisfied the conditions for grant of stay of execution under rule 11 of the Tanzania Court of Appeal Rules, 2009
2 Whether the application for stay of execution was filed within the prescribed time limit

Ratio Decidendi

Court Disposition

Application granted

Orders

Stay of execution of the decree of the High Court in Revision No. 7 of 2020 pending appeal, conditional upon the applicant depositing an irrevocable bank guarantee of USD 51,622.09 with the Court within sixty days, valid for twelve months and renewable if the appeal remains pending.
No order as to costs.