michael materu vs afriq engineering constructioncoltd 2022 tzhcld 34 4 february 2022

michael materu vs afriq engineering constructioncoltd 2022 tzhcld 34 4 february 2022

The dispute arose on the date the respondent failed to pay the last installment, and the application was filed within 40 days of that date, thus within the limitation period. The mediator erred in dismissing the dispute as time barred.

Citation
michael materu vs afriq engineering constructioncoltd 2022 tzhcld 34 4 february 2022
Parties
Applicant: Michael Materu; Respondent: Afriq Engineering & Construction Co. Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
4 February 2022
Procedural Posture
Revision Application / Judgment
Outcome
CMA ruling revised and set aside
Legal Topics
Breach of Contract, Limitation Period, Employment Termination
Source Language
English
Labour Law Breach of Contract Limitation Period Employment Termination

Case Brief

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Parties

Michael Materu

Applicant

Afriq Engineering & Construction Co. Limited

Respondent

Procedural Posture

Revision Application / Judgment

Legal Issues

  1. 1 Whether the dispute filed at CMA was time barred
  2. 2 Determination of the date when the dispute arose for limitation purposes

Ratio Decidendi

The dispute arose on the date the respondent failed to pay the last installment, and the application was filed within 40 days of that date, thus within the limitation period. The mediator erred in dismissing the dispute as time barred.

Court Disposition

CMA ruling revised and set aside

Orders

  • Parties ordered to return to CMA for the dispute to be heard on merit