serengeti breweries limited vs joseph maige mashauri 2022 tzca 573 23 september 2022

Stay of execution granted because applicant demonstrated risk of substantial loss and provided security for performance; respondent did not contest the application.

Citation: serengeti breweries limited vs joseph maige mashauri 2022 tzca 573 23 september 2022
Parties: Applicant: Serengeti Breweries Limited; Respondent: Joseph Maige Mashauri
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 23 September 2022
Procedural Posture: Civil Application / Application for Stay of Execution Pending Appeal
Outcome: Application granted
Legal Topics: Stay of Execution, Substantial Loss, Security for Performance
Source Language: English

Labour Law Civil Procedure Stay of Execution Substantial Loss Security for Performance

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Parties

Serengeti Breweries Limited

Applicant

Joseph Maige Mashauri

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

1 Whether stay of execution should be granted pending appeal
2 Whether substantial loss may result to applicant if stay is not granted
3 Whether security for due performance has been provided

Ratio Decidendi

Stay of execution granted because applicant demonstrated risk of substantial loss and provided security for performance; respondent did not contest the application.

Court Disposition

Application granted

Orders

Stay of execution of the High Court order dated 15th July, 2016 in Revision No. 13 of 2015 pending hearing of the intended appeal
No order as to costs