Tanzania Local Government Workers Union (TALGWU) (Civil Application No. 649/18 of 2023) [2024] TZCA 886 (12 September 2024)

IN THE COURT OF APPEAL OF TANZANIA AT PAR ES SALAAM CIVIL APPLICATION NO. 649/18 OF 2023 TANZANIA LOCAL GOVERNMENT WORKERS UNION (TALGWU) ....................... .................. ...... APPLICANT VERSUS SOSPETER GALLUS OMOLLO .............................. ....... ............. RESPONDENT (Application for Stay o f Execution from the decision of the High Court of Tanzania Labour Division at Dar es Salaam) (Rwizile. 3.) dated 26th day of November, 2020 in Labour Revision No. 265 of 2020 RULING 11th & 12th September, 2024 MGEYEKWA. J.A.: This is an application for stay of execution made under rule 11 (3), (4), (4A), (5), (7) and rule 48 (1) of the Tanzania Court of Appeal Rules, 2009 (the Rules) in which the applicant seeks to have the judgment and decree of the High Court Labour Division in Labour Revision No. 265 of 2020 stayed pending the determination of an intended appeal. The application is supported by an affidavit deponed by Twaha Mtengera, the applicant's counsel, explaining the reasons why the application should be granted.

At the hearing of the application, the applicant had the service of Mr. Deogratius Ogunde Ogunde, learned counsel while the respondent was represented by Mr. David Ndossi, learned counsel. At the outset, Mr. Ndossi did not contest the application provided the applicant furnishes a security of TZS 81,475.115 for the due performance of the decree. The applicant's counsel happily welcomed the concession by the learned counsel for the respondent and informed the Court that the applicant is ready to furnish security as the Court directs and he urged me to grant the application as prayed in the notice of motion and affidavit with no order as to costs. Based on the concession by the respondent and having examined the applicant's notice of motion, the supporting affidavit and considered the factors and conditions for the grant of stay of execution, I am satisfied that this application is meritorious. The applicant has complied with the requirements stated under rule 11 (4), (5) and (7) of the Rules. The application is thus granted. The execution of the decree of the High Court Labour Division in Labour Revision No. 265 of 2020 dated 26th November, 2020 is hereby stayed pending the hearing and determination of the intended appeal. This order is conditional upon the applicant depositing a 2

bank's guarantee Qf TZ5 81,475,115 as a security for due performance of the decree within sixty days, time to be reckoned from the date of delivery of this ruling. It is so ordered. DATED at DAR ES SALAAM this 12th day of September, 2024. The Ruling delivered this 12th day of September, 2024 in the presence of Mr. Deogratius Ogunde, learned counsel for the applicant and Mr. David Ndossi, learned counsel for the Respondent, via teleconferencing is hereby certified as a true copy of the original. A. Z. MGEYEKWA JUSTICE OF APPEAL J. J. KAMAU\ DEPUTY REGISTRAR COURT OF APPEAL 3