antony john kazembe vs intertek testing services ea pty ltd 2022 tzhcld 1028 28 october 2022

antony john kazembe vs intertek testing services ea pty ltd 2022 tzhcld 1028 28 october 2022

Technical delay caused by the striking out of a timely filed application for a technical error is an excusable ground for extension of time, especially where the applicant has acted promptly and diligently throughout.

Citation
antony john kazembe vs intertek testing services ea pty ltd 2022 tzhcld 1028 28 october 2022
Parties
Applicant: Antony John Kazembe; Respondent: Intertek Testing Services (EA) (Pty) Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
28 October 2022
Procedural Posture
Miscellaneous Application for Extension of Time / Ruling on Application for Extension of Time to File Revision
Outcome
Application allowed
Legal Topics
Extension of Time, Technical Delay, Revision of Arbitral Award, Unfair Termination
Source Language
English
Labour Law Civil Procedure Extension of Time Technical Delay Revision of Arbitral Award Unfair Termination

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Parties

Antony John Kazembe

Applicant

Intertek Testing Services (EA) (Pty) Ltd

Respondent

Procedural Posture

Miscellaneous Application for Extension of Time / Ruling on Application for Extension of Time to File Revision

Legal Issues

  1. 1 Whether sufficient grounds exist to warrant extension of time to file revision application against CMA award
  2. 2 Whether technical delay constitutes excusable ground for extension of time

Ratio Decidendi

Technical delay caused by the striking out of a timely filed application for a technical error is an excusable ground for extension of time, especially where the applicant has acted promptly and diligently throughout.

Court Disposition

Application allowed

Orders

  • Extension of time granted to file application for revision
  • Application for revision to be filed within 14 days from the date of ruling