express hotels ltd vs samwel jones mmary 2021 tzhcld 2104 27 august 2021

express hotels ltd vs samwel jones mmary 2021 tzhcld 2104 27 august 2021

The application was filed out of time, as the award was collected on 27/11/2020 and the application was filed 53 days thereafter, exceeding the 42-day limitation period. The supporting affidavit contained forged annexures regarding the date of collection.

Citation
express hotels ltd vs samwel jones mmary 2021 tzhcld 2104 27 august 2021
Parties
Applicant: Express Hotels Ltd.; Respondent: Samwel Jonas Mmary
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 August 2021
Procedural Posture
Labour Revision / Ruling on Preliminary Objection
Outcome
Application dismissed as time-barred
Legal Topics
Unfair Termination, Limitation of Actions, Electronic Filing
Source Language
English

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Parties

Express Hotels Ltd.

Applicant

Samwel Jonas Mmary

Respondent

Procedural Posture

Labour Revision / Ruling on Preliminary Objection

  1. 1 Whether the revision application was filed within the prescribed limitation period
  2. 2 Whether the date of collection of the award was altered or forged

Ratio Decidendi

The application was filed out of time, as the award was collected on 27/11/2020 and the application was filed 53 days thereafter, exceeding the 42-day limitation period. The supporting affidavit contained forged annexures regarding the date of collection.

Court Disposition

Application dismissed as time-barred

Orders

  • Application dismissed
  • Preliminary objection upheld