ndaro bwire songora vs mwinuko secondary school 2022 tzca 825 8 december 2022

Section 56(b) of the Labour Institutions Act allows representation by a personal representative of a party's own choice, distinct from an advocate. The High Court erred in restricting representation to advocates and in determining the merits without hearing the parties, resulting in procedural unfairness and nullity of proceedings.

Citation: ndaro bwire songora vs mwinuko secondary school 2022 tzca 825 8 december 2022
Parties: Appellant: Ndaro Bwire Songora; Respondent: Mwinuko Secondary School
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 8 December 2022
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Right of Audience, Representation in Labour Court, Procedural Fairness
Source Language: English

Labour Law Civil Procedure Right of Audience Representation in Labour Court Procedural Fairness

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2

Parties

Ndaro Bwire Songora

Appellant

Mwinuko Secondary School

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the appellant's personal representative had right of audience before the High Court
2 Whether the High Court Judge was justified to determine the application on merit without hearing the parties

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Ruling and drawn order of the High Court in Labour Revision No. 94 of 2016 set aside
Proceedings from where the High Court raised suo mottu the issue of appellant's personal representative quashed