new forest company limited vs tinashe bhunu 2013 tzca 395 6 august 2013

new forest company limited vs tinashe bhunu 2013 tzca 395 6 august 2013

The applicant satisfied all conditions for stay of execution under Rule 11(2)(d), including willingness to provide security, and the respondent did not oppose; therefore, stay of execution of the High Court decree is granted pending appeal.

Citation
new forest company limited vs tinashe bhunu 2013 tzca 395 6 august 2013
Parties
Applicant: The New Forest Company Ltd; Respondent: Tinashe Bhunu
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
6 August 2013
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
application allowed
Legal Topics
Stay of Execution, Security for Performance, Wrongful Termination, Appealable Decree
Source Language
English
Labour Law Civil Procedure Stay of Execution Security for Performance Wrongful Termination Appealable Decree

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Parties

The New Forest Company Ltd

Applicant

Tinashe Bhunu

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the execution of the High Court decree should be stayed pending appeal
  2. 2 Whether the applicant has satisfied the conditions for stay under Rule 11(2)(d) of the Tanzania Court of Appeal Rules, 2009

Ratio Decidendi

The applicant satisfied all conditions for stay of execution under Rule 11(2)(d), including willingness to provide security, and the respondent did not oppose; therefore, stay of execution of the High Court decree is granted pending appeal.

Court Disposition

application allowed

Orders

  • Execution of the High Court decree appealed from is stayed pending hearing and determination of the applicant's appeal.
  • Stay order is conditional upon the applicant depositing a bank guarantee of USD 148,113.44 within two weeks of the date of delivery of this ruling.