margaret nnko vs soft tech consultants limited 2023 tzhc 1276 5 may 2023

margaret nnko vs soft tech consultants limited 2023 tzhc 1276 5 may 2023

The application was filed 67 days after excluding the period the previous application was pending in court, which exceeds the statutory 42-day limit; therefore, the application is time barred and must be dismissed for want of jurisdiction.

Source-derived case information.

Citation
margaret nnko vs soft tech consultants limited 2023 tzhc 1276 5 may 2023
Parties
Applicant: Margaret Nnko; Respondent: Soft Tech Consultants Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 May 2023
Procedural Posture
Labour Revision / Ruling on Preliminary Objection
Outcome
Application dismissed as time barred
Legal Topics
Limitation of Actions, Labour Dispute Revision, Jurisdiction, Dismissal for Time Barred Applications
Source Language
english
Labour Law Civil Procedure Limitation of Actions Labour Dispute Revision Jurisdiction Dismissal for Time Barred Applications

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Parties

Margaret Nnko

Applicant

Soft Tech Consultants Limited

Respondent

Procedural Posture

Labour Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the revision application is time barred
  2. 2 Whether time spent in previous struck out application should be excluded from limitation period
  3. 3 Appropriate remedy for a time barred application

Ratio Decidendi

The application was filed 67 days after excluding the period the previous application was pending in court, which exceeds the statutory 42-day limit; therefore, the application is time barred and must be dismissed for want of jurisdiction.

Court Disposition

Application dismissed as time barred

Orders

  • The preliminary objection is upheld
  • The application is dismissed for being filed out of time