effco solutions t ltd vs juma omari kitenge 2021 tzhcld 264 16 july 2021

The CMA lacked jurisdiction to entertain the breach of contract dispute as it was filed out of time without proper condonation; proceedings and award are nullity.

Citation: effco solutions t ltd vs juma omari kitenge 2021 tzhcld 264 16 july 2021
Parties: Applicant: EFFCO SOLUTION (T) LTD; Respondent: JUMA OMARI KITENGE
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 16 July 2021
Procedural Posture: Labour Revision / Judgment
Outcome: application allowed
Legal Topics: Jurisdiction, Limitation Period, Breach of Contract, Termination of Employment, Condonation
Source Language: English

Labour Law Jurisdiction Limitation Period Breach of Contract Termination of Employment Condonation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 4

Parties

EFFCO SOLUTION (T) LTD

Applicant

JUMA OMARI KITENGE

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

1 Whether the Commission for Mediation and Arbitration (CMA) had jurisdiction to entertain the matter
2 Whether the applicant proved misconducts against the respondent
3 Whether the applicant followed procedures in terminating the respondent

Ratio Decidendi

The CMA lacked jurisdiction to entertain the breach of contract dispute as it was filed out of time without proper condonation; proceedings and award are nullity.

Court Disposition

application allowed

Orders

CMA proceedings and award quashed and set aside
Respondent at liberty to pursue his right by following proper procedures