athumanikungubaya 428 others vs tanzania telecommunication company litd 2022 tzhcld 927 14 september 2022

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA

LABOUR DIVISION

AT PAR ES SALAAM MISC. APPLICATION NO. 178 OF 2022 (Emanating from Revision No. 150 of 2019 before Hon. S.A.N. Wambura, J.)

BETWEEN ATHUMANIKUNGUBAYA& 428 OTHERS ................................ APPLICANTS

VERSUS TANZANIA TELECOMMUNICATION COMPANY LITD................. RESPONDENT

RULING S.M. MAGHIMBL J: The application beforehand was made under Section 94(l)(b) of the Employment and Labour Relations Act, Cap. 366 R.E 2019 ("The ELRA") and Rule 24(l),(2)(a),(b),(c),(d),(e) and (f) and (3) (a),(b),(c),(d) and Rule 56(1) of the Labour Court Rules G.N. No. 106 of 2007("the Rules"). In the Chamber Summons as well as the notice of application, the applicant is applying to the Honorable Court for orders in the following terms; 1. That the Honorable Court be pleased to grant an Extension of time to file leave to the Applicants to lodge a representative suit, 2. Costs of the Application be provided for an i 3. Any other relief(s) that this Honorable Court may deem fit and just to grant. On her part, the respondent opposed the application by filing a counter affidavit. The application was disposed by way of written submissions. The applicants submissions were drawn and filed by Ms. Magreth Maggebo, learned advocate while the respondent's submissions were drawn and filed by Mr. Emmanuel Mkonyi, learned State Attorney. On my part, having considered the substance of the application, I need not be detained much by this application. I am even impressed by the fact that the applicant has sought extension of time to file leave to file representative suit. A person may at any time seek leave to file representative suit, what will be subject to time limitation shall be the intended suit/application/petition as the case may be. Owing to that, I proceed to grant this application. The leave to file a representative suit shall be lodged in this court within twenty one days of the date of this ruling. Dated at Dar es Salaam this 14th day of September, 2022.

JUDGE 2