emmanuel qawoda vs director general nssf 2023 tzhcld 1200 14 february 2023

emmanuel qawoda vs director general nssf 2023 tzhcld 1200 14 february 2023

The Deputy Registrar erred in striking out Execution No. 563/2020 for lack of jurisdiction because there was a valid court order transferring the file from Songea to Dar es Salaam. The matter was not res judicata, and the execution application was properly before the court. The application is allowed, the impugned order is set aside, and the execution proceedings are to continue.

Citation
emmanuel qawoda vs director general nssf 2023 tzhcld 1200 14 february 2023
Parties
Mleta Maombi: Emmanuel Qawoda; Mjibu Maombi: Director General NSSF
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
14 February 2023
Procedural Posture
Maombi Ya Anuai / Uamuzi Wa Maombi Ya Kukazia Hukumu
Outcome
Application allowed
Legal Topics
Execution of Judgment, Jurisdiction, Res Judicata, Transfer of Proceedings
Source Language
English
Labour Law Civil Procedure Execution of Judgment Jurisdiction Res Judicata Transfer of Proceedings

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Parties

Emmanuel Qawoda

Mleta Maombi

Director General NSSF

Mjibu Maombi

Procedural Posture

Maombi Ya Anuai / Uamuzi Wa Maombi Ya Kukazia Hukumu

Legal Issues

  1. 1 Whether the High Court Labour Division Dar es Salaam has jurisdiction to entertain execution proceedings for an award made outside its region
  2. 2 Whether the matter is res judicata
  3. 3 Whether the court can grant execution orders where the application is alleged to be defective

Ratio Decidendi

The Deputy Registrar erred in striking out Execution No. 563/2020 for lack of jurisdiction because there was a valid court order transferring the file from Songea to Dar es Salaam. The matter was not res judicata, and the execution application was properly before the court. The application is allowed, the impugned order is set aside, and the execution proceedings are to continue.

Court Disposition

Application allowed

Orders

  • Order of Deputy Registrar dated 15/07/2022 striking out Execution No. 563/2020 is set aside.
  • Execution No. 563/2020 is restored to the court register and to proceed from where it ended.