motiba c republique unie de tanzanie requete n 0552016 2021 afchpr 33 5 juillet 2021

motiba c republique unie de tanzanie requete n 0552016 2021 afchpr 33 5 juillet 2021

The Court determined that, in the interest of justice and procedural fairness, it is necessary to reopen the proceedings to allow both parties to fully present their arguments, particularly regarding reparations, given the delays and late submissions by the respondent.

Source-derived case information.

Citation
motiba c republique unie de tanzanie requete n 0552016 2021 afchpr 33 5 juillet 2021
Parties
Applicant: Cleophas Maheri Motiba; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Human Rights Application / Interlocutory Order (reopening of Proceedings)
Outcome
Order for reopening of proceedings
Legal Topics
Right to Work, Unlawful Dismissal, Retirement Rights, Access to Justice, Procedural Fairness
Source Language
en
Human Rights Law Labour Law Right to Work Unlawful Dismissal Retirement Rights Access to Justice Procedural Fairness

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Parties

Cleophas Maheri Motiba

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Interlocutory Order (reopening of Proceedings)

  1. 1 Whether the applicant's right to work was violated by unjust dismissal and forced retirement
  2. 2 Whether the applicant is entitled to damages and pension rights
  3. 3 Whether the reopening of proceedings is justified in the interest of justice

Ratio Decidendi

The Court determined that, in the interest of justice and procedural fairness, it is necessary to reopen the proceedings to allow both parties to fully present their arguments, particularly regarding reparations, given the delays and late submissions by the respondent.

Court Disposition

Order for reopening of proceedings

Orders

  • The proceedings in Application No. 055/2016 are reopened in the interest of justice.
  • The respondent's submissions on reparations are deemed duly filed and transmitted to the applicant, who is granted 45 days from receipt of the order to respond.