CIVIL APPLICATION NO 517 14 OF 2024 SAMU SECURICOR INTERNATIONAL VS MARTIN MSENGI KINGU 2 OTHERS

CIVIL APPLICATION NO 517 14 OF 2024 SAMU SECURICOR INTERNATIONAL VS MARTIN MSENGI KINGU 2 OTHERS

The applicant satisfied all cumulative requirements under rule 11 for stay of execution, and the respondents failed to rebut the applicant's affidavit with sworn evidence. The Court granted the stay and lifted the garnishee order, conditional on the applicant providing a bank guarantee as security.

Citation
CIVIL APPLICATION NO 517 14 OF 2024 SAMU SECURICOR INTERNATIONAL VS MARTIN MSENGI KINGU 2 OTHERS
Parties
Applicant: SAMU SECURICOR INTERNATIONAL; 1st Respondent: Martin Msengi Kingu; 2nd Respondent: Shaban Hamis; 3rd Respondent: Hamfrey Mugunda
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application (stay of Execution) / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application allowed
Legal Topics
Stay of Execution, Labour Dispute, Security for Due Performance, Garnishee Orders
Source Language
English
Labour Law Civil Procedure Stay of Execution Labour Dispute Security for Due Performance Garnishee Orders

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Parties

SAMU SECURICOR INTERNATIONAL

Applicant

Martin Msengi Kingu

1st Respondent

Shaban Hamis

2nd Respondent

Hamfrey Mugunda

3rd Respondent

Procedural Posture

Civil Application (stay of Execution) / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant satisfied the legal requirements for stay of execution under rule 11 of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether the garnishee order issued by the High Court should be lifted

Ratio Decidendi

The applicant satisfied all cumulative requirements under rule 11 for stay of execution, and the respondents failed to rebut the applicant's affidavit with sworn evidence. The Court granted the stay and lifted the garnishee order, conditional on the applicant providing a bank guarantee as security.

Court Disposition

Application allowed

Orders

  • Stay of execution of the decree of the Commission for Mediation and Arbitration as upheld by the High Court is granted pending final determination of the intended appeal.
  • The garnishee order issued by the High Court to the applicant's bank accounts is lifted until final determination of the intended appeal.