RAYMOND DEGERA FINAL

RAYMOND DEGERA FINAL

The applicant failed to show sufficient cause for setting aside the ex-parte judgment; the court is functus officio regarding the order to proceed ex-parte, and any challenge to that order should be by appeal or review, not by application to set aside the judgment.

Citation
RAYMOND DEGERA FINAL
Parties
Applicant: Raymond Degera; Respondent: Tanzania Breweries Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
2 April 2020
Procedural Posture
Miscellaneous Labour Application / Ruling on Application to Set Aside Ex Parte Judgment
Outcome
Application dismissed
Legal Topics
Setting Aside Ex Parte Judgment, Right to Be Heard, Overriding Objective, Natural Justice
Source Language
English
Labour Law Civil Procedure Setting Aside Ex Parte Judgment Right to Be Heard Overriding Objective Natural Justice

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Parties

Raymond Degera

Applicant

Tanzania Breweries Ltd

Respondent

Procedural Posture

Miscellaneous Labour Application / Ruling on Application to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether the High Court was correct in proceeding ex-parte and denying the applicant a chance to address legal issues despite late filing of counter affidavit
  2. 2 Whether failure to file a counter affidavit warrants ex-parte proceedings under Labour Court Rules
  3. 3 Whether the principle of overriding objective and natural justice were contravened

Ratio Decidendi

The applicant failed to show sufficient cause for setting aside the ex-parte judgment; the court is functus officio regarding the order to proceed ex-parte, and any challenge to that order should be by appeal or review, not by application to set aside the judgment.

Court Disposition

Application dismissed