MBEYA CEMENT CO. LTD VS. SARA OLE DANIEL AND ANOTHER. CIVIL APPLICATION NO. 649/06 OF 2021.

Abstract

HELD 1. Consequently, with the above cumulative effects of the said conditions we are inclined to grant the application and stay execution of the Drawn Order of the High Court in Misc. Application No. 12 of 2020 emanating from Labour Dispute No. CMA/MBY/34/2016 with the condition that the applicant execute a bank guarantee equivalent of TZS 86, 255,536/= and TZS 47, 591,368/= in favor of the 1st and 2nd respondents respectively within thirty days of this ruling as a security for the due performance of the impugned award pending determination of the intended appeal. 2. We wish to state that with all intents and purpose, under rule 11(5) (b) of the Rules, in ordering a stay of execution of a decree, in this case the impugned CMA's award which is preceded by the applicant's firm undertaking to give security for the due performance, the Court's duty has double impact. One, it guarantees the judgment debtor a right to appeal without fear of untimely execution of the decree, and two, it assures the decree holder an enjoyment of the fruits of his decree in the event the applicant lost the intended appeal.