stanbic bank t ltd vs sophia majamba 2022 tzca 401 28 june 2022

The applicant satisfied all cumulative conditions for stay of execution: timely application, demonstration of potential substantial loss, willingness to furnish security, and attachment of required documents. Therefore, stay of execution is granted pending appeal, subject to provision of a bank guarantee from CRDB Bank for the decreed sum.

Citation: stanbic bank t ltd vs sophia majamba 2022 tzca 401 28 june 2022
Parties: Applicant: Stanbic Bank (T) Ltd; Respondent: Sophia Majamba
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 28 June 2022
Procedural Posture: Civil Application / Application for Stay of Execution Pending Appeal
Outcome: application granted
Legal Topics: Stay of Execution, Security for Performance, Appeal Procedure, Unlawful Termination
Source Language: English

Labour Law Civil Procedure Stay of Execution Security for Performance Appeal Procedure Unlawful Termination

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Parties

Stanbic Bank (T) Ltd

Applicant

Sophia Majamba

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

1 Whether the applicant has satisfied the conditions for stay of execution pending appeal under Rule 11 of the Tanzania Court of Appeal Rules 2009

Ratio Decidendi

Court Disposition

application granted

Orders

Stay of execution of the High Court decree in Labour Revision No. 767 of 2018 is granted pending appeal.
Applicant to deposit in Court within thirty days a security in the form of a bank guarantee from CRDB Bank for Tshs. 191,963,520/=