mwanasheria mkuu wa serikali vs alice celestine ndyali another 2023 tzhcld 1182 23 march 2023

mwanasheria mkuu wa serikali vs alice celestine ndyali another 2023 tzhcld 1182 23 march 2023

Applicant demonstrated sufficient reasons for delay due to late notification and legal amendments; claim of illegality in CMA's jurisdiction over pension arrears constitutes sufficient ground for extension of time; defective paragraphs in counter affidavit expunged as per Labour Court Rules.

Citation
mwanasheria mkuu wa serikali vs alice celestine ndyali another 2023 tzhcld 1182 23 march 2023
Parties
Applicant: Mwanasheria Mkuu wa Serikali; 1st Respondent: Alice Celestine Ndyali (Msimamizi wa Mirathi wa Mali za Marehemu Selestine Mathew Ndyali); 2nd Respondent: Chinese Tanzania Joint Shipping Company
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 March 2023
Procedural Posture
Miscellaneous Application for Extension of Time / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Jurisdiction, Illegality, Affidavit Requirements
Source Language
English
Labour Law Civil Procedure Extension of Time Jurisdiction Illegality Affidavit Requirements

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Parties

Mwanasheria Mkuu wa Serikali

Applicant

Alice Celestine Ndyali (Msimamizi wa Mirathi wa Mali za Marehemu Selestine Mathew Ndyali)

1st Respondent

Chinese Tanzania Joint Shipping Company

2nd Respondent

Procedural Posture

Miscellaneous Application for Extension of Time / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient reason was adduced for extension of time
  2. 2 Whether illegality constitutes sufficient ground for extension of time
  3. 3 Whether paragraphs in the counter affidavit should be expunged

Ratio Decidendi

Applicant demonstrated sufficient reasons for delay due to late notification and legal amendments; claim of illegality in CMA's jurisdiction over pension arrears constitutes sufficient ground for extension of time; defective paragraphs in counter affidavit expunged as per Labour Court Rules.

Court Disposition

Application granted

Orders

  • Applicant granted 14 days leave to file intended application
  • Paragraphs 6, 8, 9, and 10 of 1st Respondent's counter affidavit expunged from record