philipo ombela vs peter john kayanda another 2022 tzhcld 685 29 july 2022

Failure to serve the applicant with summons to appear at CMA constitutes illegality and denial of the right to be heard, which is a sufficient ground for extension of time to file revision.

Citation: philipo ombela vs peter john kayanda another 2022 tzhcld 685 29 july 2022
Parties: Applicant: Philipo Ombela; 1st Respondent: Peter John Kayanda; 2nd Respondent: Hamis Ngwao
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 29 July 2022
Procedural Posture: Miscellaneous Application / Ruling on Application for Extension of Time
Outcome: Application allowed
Legal Topics: Extension of Time, Right to Be Heard, Service of Summons, Ex Parte Proceedings
Source Language: English

Labour Law Civil Procedure Extension of Time Right to Be Heard Service of Summons Ex Parte Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1

Parties

Philipo Ombela

Applicant

Peter John Kayanda

1st Respondent

Hamis Ngwao

2nd Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether the applicant has shown sufficient cause for extension of time to file revision against the CMA award
2 Whether failure to serve the applicant with summons constitutes illegality justifying extension of time

Ratio Decidendi

Failure to serve the applicant with summons to appear at CMA constitutes illegality and denial of the right to be heard, which is a sufficient ground for extension of time to file revision.

Court Disposition

Application allowed

Orders

Applicant granted fourteen (14) days to file revision application before the court