halfan bjumaa 37 others vs tanzania zambia railways authority another 2021 tzhcld 2097 11 february 2021

halfan bjumaa 37 others vs tanzania zambia railways authority another 2021 tzhcld 2097 11 february 2021

Applicants failed to show good cause for the inordinate delay in filing the application for revision. The alleged denial of right to be heard was a result of their own or their advocate's choices, not an illegality apparent on the face of the record. Judicial discretion cannot be exercised in their favour without sufficient cause.

Citation
halfan bjumaa 37 others vs tanzania zambia railways authority another 2021 tzhcld 2097 11 february 2021
Parties
Applicant: Halfan B.I Jumaa & 37 Others; 1st Respondent: Tanzania Zambia Railway Authority; 2nd Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
11 February 2021
Procedural Posture
Miscellaneous Labour Application / Ruling on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
Extension of Time, Right to Be Heard, Res Judicata, Revision of Arbitral Awards
Source Language
English
Labour Law Civil Procedure Extension of Time Right to Be Heard Res Judicata Revision of Arbitral Awards

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Parties

Halfan B.I Jumaa & 37 Others

Applicant

Tanzania Zambia Railway Authority

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Labour Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicants have shown sufficient cause for extension of time to file an application for revision of the CMA award
  2. 2 Whether denial of right to be heard constitutes an illegality justifying extension of time

Ratio Decidendi

Applicants failed to show good cause for the inordinate delay in filing the application for revision. The alleged denial of right to be heard was a result of their own or their advocate's choices, not an illegality apparent on the face of the record. Judicial discretion cannot be exercised in their favour without sufficient cause.

Court Disposition

Application dismissed

Orders

  • Application for extension of time is dismissed for want of good cause.