| dc.description | BHARYA ENGINEERING AND CONTRACTING CO. LTD VS. LABOUR COMMISSIONER AND ANOTHER
COURT OF APPEAL OF TANZANIA
AT DAR ES SALAAM
[FIKIRINI, JA.],
CIVIL APPLICATION NO. 398/18 OF 2022
(From the Decision of the High Court of Tanzania (Labour Division) at
Dar es salaam (Maghimbi, J.) dated the 27th day of May, 2022
in Labour Appeal No. 1 of 2022)
Civil Practice and procedure-stay of execution-stay of execution in the Court of Appeal-conditions to be met to warrant ex-parte stay of execution.
By notice of motion under Rule 11 (3), 11 (4), (4) (A), 11 (5) (a) and (b), 11 (6), 11 (7) (a), (b), (c), and (d) and Rule 48 (1) of the Tanzania Court of Appeal, Rules 2009 (the Rules), the applicant, Bharya Engineering and Contracting Co. Ltd, is seeking for stay of execution ex-parte pending hearing inter parties. The application is supported by an affidavit sworn by Sarbjit Singh Bharya dated 30th June, 2022. Brief background culminating in the present application is that the applicant objected to the Labour Officer's Compliance Order with reference number DAR/U. 10/4/2021/01, commonly known as application for condonation, dated 16th February, 2022. The application was declined, which compelled the Labour Commissioner to enforce the order by instituting Labour Execution No. 224 of 2021 vide a decision through a letter with reference number BC. 101/210/01/104 dated 4th March, 2022. The applicant then lodged an appeal before the High Court (Labour Division) registered as Labour Appeal No. 1 of 2022, to prevent the execution from proceeding. On 27th May, 2022, the High Court dismissed the appeal. The Applicant was aggrieved by that decision and lodged a notice of intention to appeal to this Court. The execution proceedings, which were halted to pave way for the determination of the Labour Appeal No. 1 of 2022, was thus revived hence the present application.
Held
For an application for stay of execution to be granted
1. The Applicant must Lodge Notice of Appeal within time
2. Application must be lodged within 14 days from the date when the notice of execution was served upon the Applicant
3. Copy of the impugned decree and judgment must be attached in the application
4. The Applicant must as well show willingness to furnish security for the due performance of the decree sought to be stayed.
Ex-parte stay of execution granted
Statutory Provisions referred to:
1. Court of Appeal Rules, 2009 as amended rule 11(3),(4), (4 A), (5) (a), (b) (6), (7) (a), (b), (c), and (d)
No Case referred to:
Mr. Michael Mwambeta Counsel for the Applicant | en_US |
