The Respondent’s services were terminated on 13th April, 2012. The Respondent was aggrieved and challenged the termination before the Commission for Mediation and Arbitration (the Commission) in accordance with the provisions of the Labour Relations Act. The Commission held that the termination was wrongful. It granted the Respondent a number of reliefs. The Commission’s monetary decree in favour of the Respondent amounted to USD 139,026.20. The applicant was dissatisfied with the Commission’s decision. He applied for its revision in the High Court (Labour Division). The High Court confirmed the Commission’s decision and dismissed the application with costs. The applicant was again aggrieved and wished to prefer an appeal to this Court.
This was an application by notice of motion under rules 11(2)(b)(c) and (d) and 49(1) of the Tanzania Court of Appeal Rules, 2009 (the Rules). Through the notice of motion, the applicant moved the Court for an order for Stay of Execution of the Judgment and Decree dated March 23, 2013 in Revision No. 2 of 2013 of the High Court (Labour Division), pending hearing and determination of the Intended Appeal against the said decision. The Respondent was an employee of the applicant.