ison bpo t ltd vs godwin assenga and another 2021 tzhcld 331 30 july 2021

Issuance of garnishee order absolute does not preclude applicant from seeking extension of time to file revision; preliminary objections lack merit and are overruled.

Citation: ison bpo t ltd vs godwin assenga and another 2021 tzhcld 331 30 july 2021
Parties: Applicant: ISON BPO (T) LTD; Respondent: Godwin Assenga; Respondent: Nestory Mtaki
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 30 July 2021
Procedural Posture: Miscellaneous Labour Application / Ruling on Preliminary Objections
Outcome: preliminary objections overruled
Legal Topics: Extension of Time, Revision, Preliminary Objections, Garnishee Order, Abuse of Court Procedure
Source Language: English

Labour Law Civil Procedure Extension of Time Revision Preliminary Objections Garnishee Order Abuse of Court Procedure

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Parties

ISON BPO (T) LTD

Applicant

Godwin Assenga

Respondent

Nestory Mtaki

Respondent

Procedural Posture

Miscellaneous Labour Application / Ruling on Preliminary Objections

Legal Issues

1 Whether the application is overtaken by event due to issuance of garnishee order absolute
2 Whether the application constitutes abuse of court procedure
3 Whether garnishee order absolute precludes applicant from seeking extension of time for revision

Ratio Decidendi

Issuance of garnishee order absolute does not preclude applicant from seeking extension of time to file revision; preliminary objections lack merit and are overruled.

Court Disposition

preliminary objections overruled

Orders

matter to proceed on merit