Stanbic Bank (T) Ltd vs Sophia Majamba (Civil Application No. 81/17 of 2020) [2022] TZCA 3119 (28 June 2022)

STANBIC BANK (T) LTD. V. SOPHIA MAJAMBA IN THE COURT OF APPEAL OF TANZANIA – DAR ES SALAAM (CORAM: MKUYE. J.A. LEVIRA. J.A. and MWAMPASHI, J.A.) CIVIL APPLICATION NO. 81/17 OF 2020 (An Application from the decision of the High Court of Tanzania at Dar es Salaam Labour Division, Revision No.767 of 2018 dated 20 th December,2019) Civil Practice & Procedure – Issues raised by parties-determination of issues- Whether it is appropriate for the Judge to proceed with hearing without determining issues raised by parties? Civil Practise & Procedure- issues- new issues raised by the Court- whether it is appropriate for the Court to raise new issues at the judgement stage? This application arose from the facts that in 1995 the Respondent was employed by the applicant as a bank teller, later on she was promoted to a managerial post sometime in 2014. She developed a condition known as metaphysics and she received some assistance on her health treatment from the office. However she was terminated in 2015 on grounds of incapacity and was paid 84,134,040/= she raised some complaints and she was paid further an amount of 71,986,320/= which made a total payment of 155,000,000/=. 1 The Respondent was not satisfied and filed the matter to the CMA, upon hearing the CMA found that termination was fair and ordered the Respondent to pay the unfinished sum of 346,880.80/= being 15 days salary. The Respondent was aggrieved and filed a Revision in the High Court Labour Division which found termination to be substantially and procedurally unfair hence awarded 30 months remuneration amounting to TZS. 191,963,520/= and payment of two months remuneration amounting to TZS. 11,997,720/=. The Applicant was aggrieved and filed the notice of appeal with the court. However, on 11.3.2020 she was served with summons to appear in execution proceedings before High Court, hence the present application to have the execution of the decree stayed. The Court had to decide on whether an applicant on application for stay of execution may be granted the same by fulfilling one among the required conditions. Held: (i) The Court held that the Applicant had shown good cause and satisfied cumulatively the conditions warranting the grant of application for stay of execution. Statutory provisions referred to: (i) Section 4(2) The Appellate Jurisdictions Act, (Cap.141 RE;2019). (ii) Rules 11(3),(4)(5)(7), 83(1) (7) Court of Appeal Rules as amended. Case Law referred to: 2 (i) B.R Shindika t/a Stella Secondary School vs. Kihinda Pitsa Makaroni Industries Limited,Civil Application No.269 of 2015 (unreported). (ii) Mohamed Enterprises (T) Ltd vs. Musa Sheban Chekechea, Civil Application No.394/11/2018 (unreported). (iii) Britam Insurance (T) Ltd vs, Oceanic Bay Hotel Limited, Civil Application No.116/01 of 2018 (unreported). For the Applicant: Mr. Shepo Magirari. For the Respondent: Ms. Miriam Majamba. 3