finca t ltd vs wildman masika others 2019 tzca 94 16 may 2019

finca t ltd vs wildman masika others 2019 tzca 94 16 may 2019

Failure to name all respondents is a defect but curable by amendment under Rule 111; non-endorsement of documents from CMA is not fatal as the Guidelines do not require it; reference to 'High Court of Appeal of Tanzania' is a typographical error and curable by amendment. Amendments to cure these defects are ordered in the interest of substantive justice.

Citation
finca t ltd vs wildman masika others 2019 tzca 94 16 may 2019
Parties
Appellant: FINCA Tanzania Ltd; Respondents: Wildman Masika and 11 Others
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 May 2019
Procedural Posture
Civil Appeal / Ruling on Preliminary Objections Before Hearing Appeal
Outcome
preliminary objections partially upheld; amendments ordered
Legal Topics
Identification of Parties, Amendment of Pleadings, Procedural Defects, Labour Dispute Appeals
Source Language
English
Labour Law Civil Procedure Identification of Parties Amendment of Pleadings Procedural Defects Labour Dispute Appeals

Case Brief

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Parties

FINCA Tanzania Ltd

Appellant

Wildman Masika and 11 Others

Respondents

Procedural Posture

Civil Appeal / Ruling on Preliminary Objections Before Hearing Appeal

Legal Issues

  1. 1 Whether failure to name all respondents renders the appeal incompetent
  2. 2 Whether non-endorsement of documentary evidence from CMA proceedings is fatal
  3. 3 Whether reference to 'High Court of Appeal of Tanzania' in the notice of appeal is a fatal defect or curable

Ratio Decidendi

Failure to name all respondents is a defect but curable by amendment under Rule 111; non-endorsement of documents from CMA is not fatal as the Guidelines do not require it; reference to 'High Court of Appeal of Tanzania' is a typographical error and curable by amendment. Amendments to cure these defects are ordered in the interest of substantive justice.

Court Disposition

preliminary objections partially upheld; amendments ordered

Orders

  • Appellant to amend documents to include names of all respondents and correct notice of appeal within 14 days
  • Costs to abide outcome of appeal