Mobisol UK Limited vs Francis Shenyangwa (Civil Application No. 1136 of 2025) [2025] TZCA 907 (28 August 2025)

IN THE COURT OF APPEAL OF TANZANIA AT DODOMA CIVIL APPLICATION NO. 1136 OF 2025 MOBISOL UK LIMITED ....... .........................................................APPLICANT VERSUS FRANCIS SHENYANGWA ....... ....................................................... RESPONDENT (Application for Stay of Execution of the Decree of the High Court of Tanzania at Arusha) fMasara, J.) Dated the 1s t day of November, 2024 in Labour Revision Application No. 000001743 of 2024 RULING 18th & 28th August, 2025 MAKUNGU. 3.A.: Before me is an application for stay of execution of a decree lodged by the above-named applicant on 11th June, 2025. It has been taken out under rule 11(3), (4), (5) (a) (b) and (7) (a), (b), (c) and (d) of the Tanzania Court of Appeal Rules, 2009, as amended (the Rules). Briefly the background of the application as deponed by one Mr. Godfrey Mugambi, a Country Director of the applicant company on 10th June, 2025, is to this effect. The applicant was the respondent and the respondent was the complaint in the Commission for Mediation and Arbitration (the CMA) in i

Labour Dispute No. CMA/ARS/043/20/29/20 that was decided in favour of the respondent on 20th December, 2023. Following that award of the CMA, the respondent on 26th January, 2024 filed Revision Application No. 000001743 of 2024 in the High Court at Arusha and on 1s t November, 2024 the High Court decided in favour of the respondent herein. The applicant being dissatisfied with the decision of the High Court, on 12th November, 2024 filed a notice of appeal to the Court of Appeal of Tanzania against the whole of that decision and on 11th November, 2024 issued a letter requesting to be supplied with the copies of the judgment, decree, proceedings and ail exhibits admitted in the CMA. The applicant after being supplied with requested documents for appeal purposes, on 14th May, 2025 filed a record of appeal together with the memorandum of appeal to this Court and after being admitted the same was served to the respondent on 22n d May, 2025. On 3r d June, 2025, the applicant was served by the respondent with an Application for Execution No. 11920 of 2025 and a notice of hearing which requires the applicant to appear in court for hearing and determination of that application. The act of the respondent to institute the 2

application for execution moved the applicant to lodge this application before this Court. At the hearing of the application, the applicant was represented by Ms. Mariam Mrutu, learned counsel whereas the respondent had the services of Mr. Allen Godian, learned counsel. The hearing was conducted through video link as both parties were in Arusha. Before the hearing of the application proceeded in earnest, the Court asked Mr. Godian if the respondent has filed his affidavit in reply. His answer was that, the respondent did not file his affidavit in reply since he was essentially not opposing the application. The respondent only needs the guarantee of security for the due performance of the decree from the applicant. On her part, Ms. Mrutu pointed out that the applicant is ready and willing to furnish security in the form of bank guarantee for the due performance of the decree as provided in paragraph 11 of the affidavit. She prayed the Court to give the applicant at least 45 days to deposit security as shall be decided by the Court. This has been sufficiently addressed by the applicant and it was not seriously contested by the respondent. On the cumulative requirements of rule 11(3) to (7) of the Rules, I am satisfied that all conditions are met. I am also satisfied with the security 3

given by the applicant for the due performance of the decree as may be ultimately binding on her. In view of the aforesaid, the application is merited and it is hereby granted. I therefore, order stay of execution of the decree of Hon. Masara, J. dated 1s t November, 2024 on condition that, the applicant provides security by depositing in Court the bank guarantee at a sum of TZS. 84,000,000.00 within 45 days from the date of this Ruling so as to assure the satisfaction of the judgment and decree in the event the appeal fails. I make no order as to costs. Order accordingly. DATED at DODOMA this 19th day of August, 2025. O. O. MAKUNGU JUSTICE OF APPEAL Ruling delivered this 28th day of August, 2025, in the presence of Ms. Mariam Mrutu, learned counsel for the Applicant also holding brief for Mr. Allen Godian, learned counsel for the Respondent, via video conference from Arusha is hereby certified as a true copy of the original. R. W. CHAUNGU DEPUTY REGISTRAR COURT OF APPEAL