19990208 TZHC Dar es Salaam2

19990208 TZHC Dar es Salaam2

Order 1 Rule 8 CPC does not apply to employment causes initiated by a labour officer's report under the Employment Ordinance, and the claims are contractual, not compensation, thus the six-year limitation period applies; the suit was filed within time.

Citation
19990208 TZHC Dar es Salaam2
Parties
Applicant: K.J. Motors; Respondents: Richard Kishamba & 119 Others
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 February 1999
Procedural Posture
Civil Revision / Judgment
Outcome
Application for revision dismissed
Legal Topics
Representative Suits, Limitation of Actions, Employment Termination, Labour Disputes
Source Language
English
Employment Law Civil Procedure Representative Suits Limitation of Actions Employment Termination Labour Disputes

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Parties

K.J. Motors

Applicant

Richard Kishamba & 119 Others

Respondents

Procedural Posture

Civil Revision / Judgment

Legal Issues

  1. 1 Whether Order 1 Rule 8 CPC applies to proceedings initiated by a labour officer's report under the Employment Ordinance
  2. 2 Whether the claim was time-barred under the Law of Limitation Act

Ratio Decidendi

Order 1 Rule 8 CPC does not apply to employment causes initiated by a labour officer's report under the Employment Ordinance, and the claims are contractual, not compensation, thus the six-year limitation period applies; the suit was filed within time.

Court Disposition

Application for revision dismissed