hemed a kibule vs simba plastic co ltd 2020 tzhcld 93 24 april 2020

hemed a kibule vs simba plastic co ltd 2020 tzhcld 93 24 april 2020

The arbitrator erred by dismissing the application based on a preliminary objection raised by Sill Africa Co. Ltd, who was not a party to the dispute and had no locus standi. The proper procedure for joining a party was not followed, and the respondent's liabilities remained as there was no evidence of dissolution or merger.

Citation
hemed a kibule vs simba plastic co ltd 2020 tzhcld 93 24 april 2020
Parties
Applicant: Hemed A. Kibule; Respondent: Simba Plastic Co. Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
24 April 2020
Procedural Posture
Labour Revision / Judgment
Outcome
Application granted
Legal Topics
Locus Standi, Preliminary Objection, Unfair Termination, Arbitration Procedure
Source Language
English
Labour Law Locus Standi Preliminary Objection Unfair Termination Arbitration Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Hemed A. Kibule

Applicant

Simba Plastic Co. Limited

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether Sill Africa Co. Ltd had locus standi to raise a preliminary objection in the dispute
  2. 2 Whether the arbitrator erred in dismissing the application based on a preliminary objection raised by a non-party

Ratio Decidendi

The arbitrator erred by dismissing the application based on a preliminary objection raised by Sill Africa Co. Ltd, who was not a party to the dispute and had no locus standi. The proper procedure for joining a party was not followed, and the respondent's liabilities remained as there was no evidence of dissolution or merger.

Court Disposition

Application granted

Orders

  • CMA's proceedings and ruling quashed and set aside
  • Matter remitted back to CMA for arbitration before another arbitrator