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Tanzania decisions
Decisions matching the current search
The Court of Appeal struck out an application for stay of execution after finding the supporting affidavit materially defective for failing to verify key paragraphs.
Negotiations between employer and employee while the employee is still in service constitute sufficient reason for extension of time in labour disputes; CMA failed to consider ongoing employment relationship during negotiations.
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The Court of Appeal granted a stay of execution in a labour dispute, finding the applicant faced substantial loss and had undertaken to provide security.
The applicant satisfied the cumulative conditions for stay of execution under rule 11 (4), (5), and (7) of the Rules, and the court exercised its discretion to grant the stay on condition that the applicant deposits a bank guarantee for the arbitral award amount within 60 days.
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The applicant fulfilled all statutory conditions for stay of execution, including timely filing, provision of security for due performance, and submission of required documents. Therefore, stay of execution was granted pending appeal, conditional upon deposit of a bank guarantee for the decretal sum within thirty days.
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The applicant satisfied all cumulative requirements under rule 11 for stay of execution, and the respondents failed to rebut the applicant's affidavit with sworn evidence. The Court granted the stay and lifted the garnishee order, conditional on the applicant providing a bank guarantee as security.
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The application was filed out of time and without a proper notice of intended execution, violating rule 11(4) and 11(7)(d) of the Tanzania Court of Appeal Rules, 2009. The preliminary objection is sustained and the application is struck out.
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The Court of Appeal granted a stay of execution of a CMA award pending appeal, finding the application was filed within time and subject to a bank guarantee.
The Court of Appeal of Tanzania dismissed an application to extend time for filing a stay of execution, finding no sufficient cause for the delay.
The Court of Appeal granted a stay of execution pending appeal, finding the applicants met the Rule 11 requirements and must provide security by bank guarantee.
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