halima rajabu juma another vs a a modern sama hotel 2022 tzhcld 164 22 april 2022

halima rajabu juma another vs a a modern sama hotel 2022 tzhcld 164 22 april 2022

Despite inordinate delay and lack of sufficient explanation for the delay, the presence of an arguable illegality—specifically, whether the CMA properly considered the fact that the dispute was filed within 6 days of termination—constitutes good cause for extension of time to file a revision application.

Source-derived case information.

Citation
halima rajabu juma another vs a a modern sama hotel 2022 tzhcld 164 22 april 2022
Parties
Applicant: Halima Rajabu Juma & Another; Respondent: Modern Sama Hotel
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
22 April 2022
Procedural Posture
Miscellaneous Labour Application / Ruling on Application for Extension of Time to File Revision
Outcome
Application allowed
Legal Topics
Extension of Time, Revision Application, Unfair Termination, Salary Arrears, Condonation, Illegality as Ground for Extension
Source Language
english
Labour Law Extension of Time Revision Application Unfair Termination Salary Arrears Condonation Illegality as Ground for Extension

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Parties

Halima Rajabu Juma & Another

Applicant

Modern Sama Hotel

Respondent

Procedural Posture

Miscellaneous Labour Application / Ruling on Application for Extension of Time to File Revision

Legal Issues

  1. 1 Whether the applicants have adduced sufficient cause to warrant extension of time to file a revision application against the CMA decision of 9/8/2019

Ratio Decidendi

Despite inordinate delay and lack of sufficient explanation for the delay, the presence of an arguable illegality—specifically, whether the CMA properly considered the fact that the dispute was filed within 6 days of termination—constitutes good cause for extension of time to file a revision application.

Court Disposition

Application allowed

Orders

  • Applicants allowed to file an application for review within 7 days from the date of the ruling
  • Each party to bear its own costs