CIVIL APPLICATION NO 188 17 OF 2023 SOUTHERN SUN HOTEL LTD VS ANYWELWISIYE M MELELE 43 OTHERS

CIVIL APPLICATION NO 188 17 OF 2023 SOUTHERN SUN HOTEL LTD VS ANYWELWISIYE M MELELE 43 OTHERS

The applicant met all cumulative requirements for stay of execution under rule 11 of the Tanzania Court of Appeal Rules, 2009, including timely filing, provision of security, and demonstration of potential substantial loss; the application is granted subject to deposit of a bank guarantee for the decretal sum.

Citation
CIVIL APPLICATION NO 188 17 OF 2023 SOUTHERN SUN HOTEL LTD VS ANYWELWISIYE M MELELE 43 OTHERS
Parties
Applicant: Southern Sun Hotel Ltd; Respondents: Anywelwisiye M. Melele and 43 others
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay Pending Appeal
Outcome
Application granted
Legal Topics
Stay of Execution, Retrenchment, Salary Deductions, Appeal Procedure
Source Language
English
Labour Law Civil Procedure Stay of Execution Retrenchment Salary Deductions Appeal Procedure

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Parties

Southern Sun Hotel Ltd

Applicant

Anywelwisiye M. Melele and 43 others

Respondents

Procedural Posture

Civil Application for Stay of Execution / Ruling on Application for Stay 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 substantial loss would result to the applicant if stay is not granted
  3. 3 Whether the application was lodged without undue delay and accompanied by relevant documents

Ratio Decidendi

The applicant met all cumulative requirements for stay of execution under rule 11 of the Tanzania Court of Appeal Rules, 2009, including timely filing, provision of security, and demonstration of potential substantial loss; the application is granted subject to deposit of a bank guarantee for the decretal sum.

Court Disposition

Application granted

Orders

  • Execution of the High Court decree in Revision No. 258 of 2021 is stayed pending hearing and determination of the intended appeal.
  • Stay is subject to the applicant depositing a bank guarantee for TZS 146,302,547.20 within thirty days of the ruling.