justus tihairwa vs chief executive officer ttcl 2019 tzca 77 8 march 2019

justus tihairwa vs chief executive officer ttcl 2019 tzca 77 8 march 2019

The appeal was filed out of time because the appellant failed to serve the respondent with a copy of the letter requesting proceedings, thus could not rely on the exception to the time limit under Rule 90(1) of the Rules. The appeal was therefore incompetent and struck out.

Citation
justus tihairwa vs chief executive officer ttcl 2019 tzca 77 8 march 2019
Parties
Appellant: Justus Tihairwa; Respondent: Chief Executive Officer TTCL
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
8 March 2019
Procedural Posture
Civil Appeal / Ruling on Competence of Appeal
Outcome
appeal struck out as incompetent
Legal Topics
Execution of Awards, Res Judicata, Appeal Procedure, Service of Documents
Source Language
English
Labour Law Civil Procedure Execution of Awards Res Judicata Appeal Procedure Service of Documents

Case Brief

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Parties

Justus Tihairwa

Appellant

Chief Executive Officer TTCL

Respondent

Procedural Posture

Civil Appeal / Ruling on Competence of Appeal

Legal Issues

  1. 1 Whether the appeal was properly before the Court due to non-service of the letter requesting proceedings on the respondent
  2. 2 Whether the appeal was filed within the prescribed time limit

Ratio Decidendi

The appeal was filed out of time because the appellant failed to serve the respondent with a copy of the letter requesting proceedings, thus could not rely on the exception to the time limit under Rule 90(1) of the Rules. The appeal was therefore incompetent and struck out.

Court Disposition

appeal struck out as incompetent

Orders

  • The appeal is struck out.