china commercial bank ltd vs anganile mwankuga 2021 tzhcld 121 27 may 2021

china commercial bank ltd vs anganile mwankuga 2021 tzhcld 121 27 may 2021

The applications challenge an interlocutory order which did not finally determine the dispute; Rule 50 of the Labour Court Rules prohibits revision or appeal of such orders unless they finally determine the matter or cause grave injustice, which was not established here.

Citation
china commercial bank ltd vs anganile mwankuga 2021 tzhcld 121 27 may 2021
Parties
Applicant/respondent: China Commercial Bank Ltd; Respondent/applicant: Anganile Mwankuga
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 May 2021
Procedural Posture
Labour Revision (consolidated) / Judgment on Consolidated Revision Applications Challenging Interlocutory CMA Order
Outcome
Applications dismissed
Legal Topics
Unfair Termination, Interlocutory Orders, Service of Summons, Setting Aside Ex Parte Award
Source Language
English
Labour Law Unfair Termination Interlocutory Orders Service of Summons Setting Aside Ex Parte Award

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Parties

China Commercial Bank Ltd

Applicant/respondent

Anganile Mwankuga

Respondent/applicant

Procedural Posture

Labour Revision (consolidated) / Judgment on Consolidated Revision Applications Challenging Interlocutory CMA Order

Legal Issues

  1. 1 Whether the CMA's interlocutory order setting aside the ex-parte award and ordering interpartes hearing was appealable/reviewable
  2. 2 Whether the parties were properly served with summons
  3. 3 Whether the CMA's decision caused grave injustice or gross irregularity

Ratio Decidendi

The applications challenge an interlocutory order which did not finally determine the dispute; Rule 50 of the Labour Court Rules prohibits revision or appeal of such orders unless they finally determine the matter or cause grave injustice, which was not established here.

Court Disposition

Applications dismissed

Orders

  • File remitted back to the CMA to proceed as per the Arbitrator's ruling