edward gwimo and others vs the chairman industrial court of tanzania and others 2020 tzhc 356 23 march 2020

edward gwimo and others vs the chairman industrial court of tanzania and others 2020 tzhc 356 23 march 2020

The application was struck out because the applicants failed to disclose an arguable case or sufficient interest for leave to apply for judicial review. The grounds raised related to merits of the decision, which are matters for appeal, not judicial review. The application was also procedurally deficient and confused as to the reliefs sought and the decisions challenged.

Citation
edward gwimo and others vs the chairman industrial court of tanzania and others 2020 tzhc 356 23 march 2020
Parties
Applicant: Edward Gwimo; Applicant: Idd Balozi; Applicants: Jamila Mgalusi and 97 Others; 1st Respondent: Chairman Industrial Court of Tanzania; 2nd Respondent: Attorney General; 3rd Respondent: Tanzania Breweries Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 March 2020
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Leave to Apply for Judicial Review Out of Time
Outcome
Application struck out with costs
Legal Topics
Judicial Review, Leave to Apply for Judicial Review, Industrial Court Decisions, Representative Actions, Prerogative Orders
Source Language
English
Administrative Law Labour Law Civil Procedure Judicial Review Leave to Apply for Judicial Review Industrial Court Decisions Representative Actions Prerogative Orders

Case Brief

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Parties

Edward Gwimo

Applicant

Idd Balozi

Applicant

Jamila Mgalusi and 97 Others

Applicants

Chairman Industrial Court of Tanzania

1st Respondent

Attorney General

2nd Respondent

Tanzania Breweries Ltd

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Leave to Apply for Judicial Review Out of Time

Legal Issues

  1. 1 Whether the applicants have disclosed an arguable case for leave to apply for judicial review
  2. 2 Whether judicial review is the appropriate remedy as opposed to appeal
  3. 3 Whether the applicants have sufficient interest and clarity in the reliefs sought

Ratio Decidendi

The application was struck out because the applicants failed to disclose an arguable case or sufficient interest for leave to apply for judicial review. The grounds raised related to merits of the decision, which are matters for appeal, not judicial review. The application was also procedurally deficient and confused as to the reliefs sought and the decisions challenged.

Court Disposition

Application struck out with costs

Orders

  • Application for leave to apply for judicial review is struck out
  • Applicants to pay costs