iron and steel limited dhidi ya martine kumalija na mwenzake 2022 tzhcld 953 21 oktoba 2022

iron and steel limited dhidi ya martine kumalija na mwenzake 2022 tzhcld 953 21 oktoba 2022

The preliminary objection is dismissed because the issue of when the applicant became aware of the award is a factual matter requiring evidence, not a pure point of law suitable for determination as a preliminary objection.

Source-derived case information.

Citation
iron and steel limited dhidi ya martine kumalija na mwenzake 2022 tzhcld 953 21 oktoba 2022
Parties
Applicant: Iron and Steel Limited; Respondent: Martine Kumalija na mwenzake
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Labour Revision Application / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed
Legal Topics
Limitation Periods, Review of Arbitration Awards, Preliminary Objection
Source Language
en
Labour Law Civil Procedure Limitation Periods Review of Arbitration Awards Preliminary Objection

Source-derived case record

Summary, issues, holding and outcome

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Parties

Iron and Steel Limited

Applicant

Martine Kumalija na mwenzake

Respondent

Procedural Posture

Labour Revision Application / Ruling on Preliminary Objection

  1. 1 Whether the revision application was filed out of time
  2. 2 Whether the preliminary objection on limitation is sustainable

Ratio Decidendi

The preliminary objection is dismissed because the issue of when the applicant became aware of the award is a factual matter requiring evidence, not a pure point of law suitable for determination as a preliminary objection.

Court Disposition

Preliminary objection dismissed

Orders

  • Preliminary objection is dismissed
  • Main application to proceed to hearing on merits