chrysanth p bushoke vs narco ltd 2020 tzhcld 426 23 october 2020

chrysanth p bushoke vs narco ltd 2020 tzhcld 426 23 october 2020

The Arbitrator was justified in dismissing the complaint for want of prosecution as the applicant and his advocate failed to attend multiple scheduled hearings without sufficient cause; the reasons advanced for non-appearance were not credible or substantiated, and the applicant's conduct demonstrated negligence.

Citation
chrysanth p bushoke vs narco ltd 2020 tzhcld 426 23 october 2020
Parties
Applicant: Chrysanth P. Bushoke; Respondent: NARCO LTD
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 October 2020
Procedural Posture
Labour Revision / Judgment on Application for Revision of CMA Dismissal Order
Outcome
Application dismissed
Legal Topics
Unfair Termination, Dismissal for Non Appearance, Restoration of Complaint, Procedural Default
Source Language
English

Case Brief

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Parties

Chrysanth P. Bushoke

Applicant

NARCO LTD

Respondent

Procedural Posture

Labour Revision / Judgment on Application for Revision of CMA Dismissal Order

  1. 1 Whether the Arbitrator was right to dismiss the applicant's complaint for non-appearance
  2. 2 Whether the applicant adduced sufficient reasons for restoration of his complaint at the CMA

Ratio Decidendi

The Arbitrator was justified in dismissing the complaint for want of prosecution as the applicant and his advocate failed to attend multiple scheduled hearings without sufficient cause; the reasons advanced for non-appearance were not credible or substantiated, and the applicant's conduct demonstrated negligence.

Court Disposition

Application dismissed

Orders

  • Arbitrator's ruling dated 29/03/2019 is upheld