khalid mwisongo vs ms unitrans t ltd 2012 tzca 4 13 april 2012

khalid mwisongo vs ms unitrans t ltd 2012 tzca 4 13 april 2012

The omission to file a written submission did not prejudice the respondent or cause a miscarriage of justice; therefore, the preliminary objection lacks merit and is overruled.

Citation
khalid mwisongo vs ms unitrans t ltd 2012 tzca 4 13 april 2012
Parties
Appellant: Khalid Mwisongo; Respondent: M/s Unitrans (T) Ltd.
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 April 2012
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
preliminary objection overruled
Legal Topics
Preliminary Objection, Written Submissions, Appeal Procedure
Source Language
English
Civil Procedure Labour Law Preliminary Objection Written Submissions Appeal Procedure

Case Brief

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Parties

Khalid Mwisongo

Appellant

M/s Unitrans (T) Ltd.

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to file a written submission within sixty days warrants dismissal of the appeal under Rule 106 of the Court of Appeal Rules, 2009

Ratio Decidendi

The omission to file a written submission did not prejudice the respondent or cause a miscarriage of justice; therefore, the preliminary objection lacks merit and is overruled.

Court Disposition

preliminary objection overruled

Orders

  • Preliminary objection overruled with costs.
  • Appeal to proceed to hearing on a date to be fixed by the Registrar.