shelys pharmaceuticals limited vs salome mawolle 2023 tzca 17480 9 august 2023

shelys pharmaceuticals limited vs salome mawolle 2023 tzca 17480 9 august 2023

The applicant complied with procedural and substantive requirements for stay of execution, including timely filing, provision of relevant documents, demonstration of substantial loss, and undertaking to furnish security. The respondent did not contest the application but required security. The Court granted stay subject to applicant depositing a Bank's Guarantee for the decretal sum.

Citation
shelys pharmaceuticals limited vs salome mawolle 2023 tzca 17480 9 august 2023
Parties
Applicant: Shelys Pharmaceuticals Limited; Respondent: Salome Mawolle
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 August 2023
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
application allowed
Legal Topics
Stay of Execution, Security for Due Performance, Unfair Termination, Appeal Procedure
Source Language
English
Labour Law Civil Procedure Stay of Execution Security for Due Performance Unfair Termination Appeal Procedure

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Parties

Shelys Pharmaceuticals Limited

Applicant

Salome Mawolle

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant has met the requirements for stay of execution under rule 11 of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether sufficient security for due performance of the decree has been offered

Ratio Decidendi

The applicant complied with procedural and substantive requirements for stay of execution, including timely filing, provision of relevant documents, demonstration of substantial loss, and undertaking to furnish security. The respondent did not contest the application but required security. The Court granted stay subject to applicant depositing a Bank's Guarantee for the decretal sum.

Court Disposition

application allowed

Orders

  • Execution of the judgment and decree of the High Court, Labour Division, in Labour Revision No. 816 of 2019 stayed pending appeal
  • Applicant to deposit a Bank's Guarantee in the sum of TZS 187,936,786.00 within thirty days as security for due performance