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
Case Brief
Summary, issues, holding and outcome
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Parties
Express Hotels Ltd.
Applicant
Samwel Jonas Mmary
Respondent
Procedural Posture
Labour Revision / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the revision application was filed within the prescribed limitation period
- 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
Full Case Text
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