BEATRICE MWANDEMBWA V

IN THE HIGH COURT OF TANZANIA

LABOUR DIVISION

AT DAR ES SALAAM REVISION APPLICATION NO. 817 OF 2025 (Arising from an Award issued on 07/02/2025 by Hon. Nyagaya, P, Arbitrator, in labour dispute No. CMA/DSM/KIN/720/2023 at Kinondoni) BEATRICE MWANDEBWA............................................................ APPELLANT

VERSUS MAGITO STORES CO. LTD.........................................................RESPONDENT

CONSENT JUDGMENT Date of Last Order: 10/03/2025 Date of Judgment: 10/03/2025 B. E. K. Mganga, J. Facts of this application briefly are that, Beatrice Mwandebwa, the abovenamed applicant was employed by Magito Stores Co. Ltd, the abovenamed respondent. It happened that respondent terminated employment of the applicant by way of retrenchment. Applicant was aggrieved with the said retrenchment as a result, she filed Labour dispute No. CMA/DSM/KIN/720/2023 before the Commission for Mediation and Arbitration(CMA) at Kinondoni complaining that respondent breached the contract. At CMA, the arbitrator delivered an award in favour of the respondent and dismissed the complaint. 1 Applicant was further aggrived as a result, she filed this application. When the parties appeared before me on 3rd March 2025, for mention, I scheduled this application for hearing on 27th March 2025. I also notified the parties importance of settling the matter out of court and they promised to work on that advice and promised that they will come to the Court at the earliest stage before the date of hearing if they agree to settle the matter. Today Majaliwa Musa, personal representative of the applicant has entered appearance and notified the court that the parties have settled the matter by applicant agreeing to be paid One Million Five Hundred Thousand only (TZS 1,500,000/=) as full and final settlement and

that applicant shall have no further claim against the respondent. Beatrice Mwandembwa, the applicant who appeared virtually confirmed what was stated by her personal representative that she has received the said One Million Five Hundred Thousand only (TZS 1,500,000/=) as full and final settlement and that she shall have no further claim against the respondent and prayed the application be marked as settled. On the other hand, Nelson Samson, learned advocate for the respondent confirmed what was submitted by. The applicant and her personal representative, Counsel added that parties have signed the 2 deed of settlement and filed the same in court. He therefore prayed the application be marked as settled. In addition to that, Mr. Boaz Magito, the director of the respondent confirmed what was stated by applicant, her personal representative and Mr. Samson, advocate that respondent has paid applicant One Million Five Hundred Thousand only (TZS 1,500,000/=) as full and final settlement and that applicant shall have no further claim against the respondent. I have examined the deed of settlement dated 3rd March 2025 filed in court and considered submissions that were made by the parties before me, and I am of the considered opinion that the parties have settled this application and that applicant has been fully paid the amount of One Million Five Hundred Thousand only (TZS 1,500,000/=) agreed in the said deed of settlement. I therefore mar this application as settled and further that since applicant has been paid One Million Five Hundred Thousand only (TZS 1,500,000/=) as full and final settlement as agreed, she will have no further claim whatsoever against the respondent. Dated at Dar es Salaam on this 10th March 2025. B. E. K. Mganga

JUDGE 3 Judgment delivered on 10th March 2025 in chambers in the presence of Beatrice Mwandembwa, the applicant and Mr. Majaliwa Musa her personal representative on one hand and Mr. Boaz Magito, Director of the respondent and Nelson Samson, Advocate for the Respondent. B. E. K. Mganga

JUDGE 4