afisa mtendaji mkuu tpc ltd vs william k marisa and another 2023 tzhc 23042 28 november 2023

afisa mtendaji mkuu tpc ltd vs william k marisa and another 2023 tzhc 23042 28 november 2023

The application for revision was time barred as it was filed more than 14 months after the CMA award without leave of court. The proper procedure after a matter is struck out for want of prosecution is to apply for restoration, not to file a fresh application. The court therefore lacked jurisdiction to entertain the...

Source-derived case information.

Citation
afisa mtendaji mkuu tpc ltd vs william k marisa and another 2023 tzhc 23042 28 november 2023
Parties
Applicant: Afisa Mtendaji Mkuu TPC Ltd; Respondent: William K. Marisa; Respondent: Rajabu Saidi Zisso
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 November 2023
Procedural Posture
Labour Revision / Judgment on Application for Revision
Outcome
Application dismissed for being time barred and filed contrary to procedure.
Legal Topics
Unfair Termination, Procedural Fairness, Substantive Fairness, Jurisdiction, Limitation of Actions, Restoration of Struck Out Cases
Source Language
english
Labour Law Unfair Termination Procedural Fairness Substantive Fairness Jurisdiction Limitation of Actions Restoration of Struck Out Cases

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Parties

Afisa Mtendaji Mkuu TPC Ltd

Applicant

William K. Marisa

Respondent

Rajabu Saidi Zisso

Respondent

Procedural Posture

Labour Revision / Judgment on Application for Revision

Legal Issues

  1. 1 Whether the application for revision was filed within the prescribed time
  2. 2 Whether the arbitrator failed to analyse evidence
  3. 3 Whether the arbitrator determined the matter on a new issue not framed or heard

Ratio Decidendi

The application for revision was time barred as it was filed more than 14 months after the CMA award without leave of court. The proper procedure after a matter is struck out for want of prosecution is to apply for restoration, not to file a fresh application. The court therefore lacked jurisdiction to entertain the application.

Court Disposition

Application dismissed for being time barred and filed contrary to procedure.

Orders

  • Application dismissed
  • No order as to costs