chemi cotex industries ltd vs lakshmi narayan rathi 2023 tzhcld 1334 23 june 2023

chemi cotex industries ltd vs lakshmi narayan rathi 2023 tzhcld 1334 23 june 2023

There was no manifest error on the face of the record to warrant review. The Court of Appeal decision in Tanzania Distillers Limited does not apply retrospectively to the present case, as the impugned judgment was delivered before the Court of Appeal decision and the grace period provided therein. The inability to procure DW1 is not a ground for review; parties should follow prescribed legal procedures for such situations.

Citation
chemi cotex industries ltd vs lakshmi narayan rathi 2023 tzhcld 1334 23 june 2023
Parties
Applicant: Chemi & Cotex Industries Ltd; Respondent: Lakshmi Narayan Rathi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 June 2023
Procedural Posture
Review Application / Ruling on Review Application
Outcome
application dismissed
Legal Topics
Review of Judgment, Retrospective Application of Case Law, Unsworn Testimony, Finality of Litigation
Source Language
English
Labour Law Civil Procedure Review of Judgment Retrospective Application of Case Law Unsworn Testimony Finality of Litigation

Case Brief

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Parties

Chemi & Cotex Industries Ltd

Applicant

Lakshmi Narayan Rathi

Respondent

Procedural Posture

Review Application / Ruling on Review Application

Legal Issues

  1. 1 Whether there is a manifest error on the face of the record to warrant review of the judgment in Labour Revision No. 505 of 2020
  2. 2 Whether the Court of Appeal decision in Tanzania Distillers Limited v. Bennetson Mishosho applies retrospectively to the present case
  3. 3 Whether inability to procure a witness (DW1) justifies review

Ratio Decidendi

There was no manifest error on the face of the record to warrant review. The Court of Appeal decision in Tanzania Distillers Limited does not apply retrospectively to the present case, as the impugned judgment was delivered before the Court of Appeal decision and the grace period provided therein. The inability to procure DW1 is not a ground for review; parties should follow prescribed legal procedures for such situations.

Court Disposition

application dismissed

Orders

  • The application for review is dismissed for want of merit.
  • No order as to costs.