cfao motors t ltd vs attu j mynah 2020 tzhcld 159 3 july 2020

IN THE HIGH COURT OF TANZANIA LABOUR DIVISION AT PAR ES SALAAM MISCELLANEOUS APPLICATION NO. 403 OF 2019 BETWEEN CFAO MOTORS (T) LIMITED.................. APPLICANT VERSUS ATTU 3. MYNAH...............................RESPONDENT RULING Date o f Last Order: 13/05/2020 Date of Ruling: 03/07/2020 S.A.N. Wambura. 3. The applicant c f a o m o t o r s (T) lim it e d has filed this matter under the provisions of Rules 24(1), (2)(a)(b)(c)(d)(e)(f), (3)(a)(b)(c)(d) and 56(1)(3) of the Labour Court Rules, GN No. 106 of 2007 praying for the Orders that:- 1. That, this Honourable Court be pleased to extend time limit to file an application for Revision out o f time against the Ruling and Order o f this Honourable Court delivered on l& h day o f January, 2018 in Misc. Appi. No. 64 of 2018 in which the applicant in this matter has been ordered to deposit the sum of Tanzania Shillings Forty Five Million (Tshs. 45,000,000/=) into the bank account o f the Registrar o f the High Court o f Tanzania as a security for the payment o f Tanzanian Shillings Ninety Million (Tshs. 90,000,000/=) which was awarded to the respondent by the Commission for Mediation and Arbitration in Labour Dispute No. CMA/DSM/ILA/R.560/16/651. 2. Any other relief(s) this Honourable Court deems proper to grant. The application is supported by a sworn affidavit of Mr. George Hebert Chaka the Human Resources Manager of the applicant. The respondent a t t u j . m y n a h bitterly challenged the application when filing her counter affidavit. With leave of the Court the application was disposed of by way of written submissions. I thank both parties for adhering to the schedule and for their submissions. According to the applicants submissions the legal issues to be determined by this Court are provided for under paragraph 11(a) and (b) of the supporting affidavit. However the said paragraphs were nowhere to be found. In my personal I found the same in paragraph 6 which is to the effect that:- "Paragraph 6 (a) Whether or not the Honourable Registrar exercised her discretionary powers judicially under the labour laws by granting stay of execution with conditions. (b) Whether or not granting o f this application will be prejudicial to the respondent in this matter." The reliefs sought are under paragraph 7 of the supporting affidavit. In response the respondent prayed to have the interlocutory order issued by the Deputy Registrar upheld as it was proper and one cannot appeal against such an Order as provided for under Rule 50 of the Labour Court Rules, 2007. That the applicant has failed to account for the delay as it was held in the case of Abdu Issa Bano Vs. Mauro Daolio, Civil Application No. 563/02 of 2017. Now this Court can grant an application for extension of time where the applicant has adduced good cause for the same as provided for under Rule 56(1) of the Labour Court Rules, 2007 which provides as herein quoted:- "Rule 56(1) The Court may extend or abridge any period prescribed by these Rules on application and 3 on good cause shown, unless the Court is precluded from doing so by any written law." [Emphasis is mine]. The applicant was expected to adduce good causes for the delay and account for the delay of each day as held in the cases of Isabella John Vs. Sylvester Magembe Cheyo & 2 Others, Commercial Case No. 49/2003, Said Issa Ambuda Vs. Tanzania Harbours Authority, Civil Application No. 177/2004, Gabriel P. Makundi Vs. S.E.C (East African) Company Limited, Rev. No. 31/2018 and Sebastian Ndaula Vs. Grace Rwamafa, Civil Application No. 4 of 2014. The applicant herein has not adduced any good cause but submitted on the grounds of the intended revision. The respondent followed suit, but later argued that the applicant has in fact not accounted for a single day of the delay. Since the applicant has not adduced any reasonable cause nor accounted for each day of the delay, then I accordingly dismiss the application for want of merit. iUDGE 03/07/2020 IN THE HIGH COURT OF TANZANIA LABOUR DIVISION AT PAR ES SALAAM MISCELLANEOUS APPLICATION NO. 403 OF 2019 BETWEEN CFAO MOTORS (T) LIMITED.................. APPLICANT VERSUS ATTU 3. MYNAH.................................RESPONDENT Date: 03/07/2020 Coram: Hon. F.A. Mtarania, Deputy Registrar Applicant: i \- Absent For Applicant: J Respondent: For Respondent: Miss Advera Kamuzora Advocate CC: R. Mchocha COURT: Ruling delivered in presence of Miss Advera Kamuzora Advocate for the Respondent and in absence of the Applicant. F.A. Mtarania DEPUTY REGISTRAR 03/ 07/2020