coca cola kwanza ltd vs charles mpunga others 2020 tzca 324 24 june 2020

The application raises a legal point regarding the validity of evidence withdrawn but acted upon by the ICT, which is worth consideration by the Court; leave to appeal is therefore granted.

Citation: coca cola kwanza ltd vs charles mpunga others 2020 tzca 324 24 june 2020
Parties: Applicant: Coca Cola Kwanza Ltd; Respondents: Charles Mpunga & 103 Others
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 24 June 2020
Procedural Posture: Civil Application / Application for Leave to Appeal to the Court of Appeal
Outcome: Leave to appeal granted
Legal Topics: Unfair Termination, Retrenchment Procedures, Right to Be Heard, Admissibility of Evidence
Source Language: English

Labour Law Civil Procedure Unfair Termination Retrenchment Procedures Right to Be Heard Admissibility of Evidence

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Parties

Coca Cola Kwanza Ltd

Applicant

Charles Mpunga & 103 Others

Respondents

Procedural Posture

Civil Application / Application for Leave to Appeal to the Court of Appeal

Legal Issues

1 Whether the High Court erred in upholding the ICT's decision based on withdrawn evidence
2 Whether the applicant was denied the right to challenge evidence not subjected to cross-examination

Ratio Decidendi

The application raises a legal point regarding the validity of evidence withdrawn but acted upon by the ICT, which is worth consideration by the Court; leave to appeal is therefore granted.

Court Disposition

Leave to appeal granted

Orders

Leave is hereby granted to the applicant to appeal to the Court of Appeal as prayed.