amani mwanga 5 others vs auto mech ltd another 2023 tzhcld 1307 6 june 2023

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA

LABOUR DIVISION

AT DAR ES SALAAM MISCELLANEOUS LABOUR APPLICATION NO. 76 OF 2023

BETWEEN AMANI MWANGA & 5 OTHERS ........................................ ............... APPLICANTS

VERSUS AUTO MECH LTD.........................................................................1^ RESPONDENT BHARAAT SHIVJI BAJARIA ............................ ......................... 2 nd RESPONDENT

COURT RULING Date of last Order: 06/ 06/2023 Date of Ruling: 06/06/2023 MLYAMBINA, J. The Applicants are the Decree Holder vide Labour Dispute No. CMA/DSM/ILA/224/2020 and Execution No. 520 o f2020. In this application, the Applicants were seeking inter aiia orders that this Court be pleased to lift the veil of incorporation of the Judgement Debtor and be pleased to order for the arrest and detention of the 2nd Respondent, the Managing Director of the 1st Respondent/Judgement Debtor. On 6th June, 2023, when the application was called for hearing, Mr. Kelvin Mundo, Personal Representative of the 1st, 3rd and 5th Applicants prayed to withdraw the application with leave to refile. The reason being that the 2nd Respondent cannot be traced as he resides in the United Kingdom. It would appear the 1st Respondent is the defunct Company. The Applicants with their Decree are struggling on enforcing it. For interests of justice, I find proper, to grant the prayer for withdrawal of this application in terms of Rules 34 and 55(1) & (2) o f the Labour Court Rules, 2007, G.N. No. 106 o f2007. The Applicants are afforded 14 days time to re-file the application. No. order as to costs. Order accordingly. 2