osward philip swilimba vs tanzania zambia railways authority tazara and 2 others 2014 tzhc 2035 23 july 2014

osward philip swilimba vs tanzania zambia railways authority tazara and 2 others 2014 tzhc 2035 23 july 2014

The application is time barred as it was filed more than six months after the impugned decision, and prior proceedings struck out do not affect limitation. No extension of time was sought; therefore, the application must be dismissed.

Citation
osward philip swilimba vs tanzania zambia railways authority tazara and 2 others 2014 tzhc 2035 23 july 2014
Parties
Applicant: Osward Philip Silwamba; 1st Respondent: Tanzania Zambia Railways Authority (TAZARA); 2nd Respondent: The Registrar, Industrial Court of Tanzania; 3rd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 July 2014
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application dismissed as time barred.
Legal Topics
Limitation of Actions, Judicial Review, Employment Termination
Source Language
English
Civil Procedure Employment Law Limitation of Actions Judicial Review Employment Termination

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Parties

Osward Philip Silwamba

Applicant

Tanzania Zambia Railways Authority (TAZARA)

1st Respondent

The Registrar, Industrial Court of Tanzania

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is time barred under section 19(3) of the Law Reforms (Fatal Accidents and Miscellaneous Provisions) Act, Cap. 310

Ratio Decidendi

The application is time barred as it was filed more than six months after the impugned decision, and prior proceedings struck out do not affect limitation. No extension of time was sought; therefore, the application must be dismissed.

Court Disposition

Application dismissed as time barred.

Orders

  • Each party to bear own costs.