ms anjari soda factory limited vs joseph tulo shembilu others 2023 tzca 17293 2 june 2023

ms anjari soda factory limited vs joseph tulo shembilu others 2023 tzca 17293 2 june 2023

The failure of the CMA to address and determine the preliminary objection regarding TUICO's legal mandate to represent the respondents, as required by rule 23(8) of GN No. 67/2007, was a fatal procedural irregularity that vitiated the proceedings. The decisions of the CMA and High Court were quashed and the matter remitted to the CMA for proper determination of the preliminary objection.

Citation
ms anjari soda factory limited vs joseph tulo shembilu others 2023 tzca 17293 2 june 2023
Parties
Appellant: M/S Anjari Soda Factory Limited; 1st Respondent: Joseph Tulo Shembilu; 2nd Respondent: Martin Leonard Mkabenga; 3rd Respondent: Said Musa Kilima; 4th Respondent: Richard Ernest Msagati
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 June 2023
Procedural Posture
Civil Appeal / Appeal From High Court Decision in Labour Revision
Outcome
decisions of CMA and High Court quashed; orders set aside; record remitted to CMA
Legal Topics
Preliminary Objection, Trade Union Representation, Procedural Fairness
Source Language
English
Labour Law Civil Procedure Preliminary Objection Trade Union Representation Procedural Fairness

Case Brief

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Parties

M/S Anjari Soda Factory Limited

Appellant

Joseph Tulo Shembilu

1st Respondent

Martin Leonard Mkabenga

2nd Respondent

Said Musa Kilima

3rd Respondent

Richard Ernest Msagati

4th Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision in Labour Revision

Legal Issues

  1. 1 Whether the failure to address and determine a preliminary objection regarding trade union representation at the CMA vitiated the proceedings
  2. 2 Whether TUICO had legal mandate to represent the respondents before the CMA

Ratio Decidendi

The failure of the CMA to address and determine the preliminary objection regarding TUICO's legal mandate to represent the respondents, as required by rule 23(8) of GN No. 67/2007, was a fatal procedural irregularity that vitiated the proceedings. The decisions of the CMA and High Court were quashed and the matter remitted to the CMA for proper determination of the preliminary objection.

Court Disposition

decisions of CMA and High Court quashed; orders set aside; record remitted to CMA

Orders

  • The decisions of the CMA and High Court are quashed and set aside.
  • The record is remitted to the CMA to hear the parties on the preliminary objection before proceeding to the merits.