florence k kasimila vs st johns university of tanzania 2021 tzhcld 412 9 september 2021

The CMA failed to determine preliminary objections relating to jurisdiction and proper party, constituting a serious procedural irregularity. The High Court cannot determine objections not addressed at first instance; the matter must be remitted for proper determination.

Citation: florence k kasimila vs st johns university of tanzania 2021 tzhcld 412 9 september 2021
Parties: Applicant/respondent: Florence K. Kasimila; Respondent/applicant: St John's University of Tanzania
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 9 September 2021
Procedural Posture: Labour Revision / Judgment on Consolidated Revision Applications
Outcome: award set aside, dispute remitted
Legal Topics: Jurisdiction, Preliminary Objections, Proper Party, Time Limitation
Source Language: English

Labour Law Civil Procedure Jurisdiction Preliminary Objections Proper Party Time Limitation

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Parties

Florence K. Kasimila

Applicant/respondent

St John's University of Tanzania

Respondent/applicant

Procedural Posture

Labour Revision / Judgment on Consolidated Revision Applications

Legal Issues

1 Whether the CMA had jurisdiction to entertain the dispute for being brought out of time
2 Whether the suit was instituted against the proper party

Ratio Decidendi

Court Disposition

award set aside, dispute remitted

Orders

The award of the CMA is set aside
The dispute file is remitted to the CMA to first determine the preliminary objections