seifi impex ltd vs seleman rashid 5 others 2023 tzhcld 1471 20 october 2023

seifi impex ltd vs seleman rashid 5 others 2023 tzhcld 1471 20 october 2023

The CMA decision was ex-parte as only the complainant's evidence was considered due to Applicant's counsel's repeated non-appearance. The proper procedure to challenge the ex-parte award is to apply to the CMA to set it aside, not to the High Court.

Citation
seifi impex ltd vs seleman rashid 5 others 2023 tzhcld 1471 20 october 2023
Parties
Applicant: SEIFIIMPEX LTD; 1st Respondent: SELEMAN RASHID; 2nd Respondent: MBARAKA ABDALLAH; 3rd Respondent: IBRAHIM SEIFU; 4th Respondent: CLEMENT YOHANA LOMBOLA; 5th Respondent: OMAR SEIF; 6th Respondent: ALLY SAID DADDI
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
20 October 2023
Procedural Posture
Labour Revision / Judgment
Outcome
Application dismissed
Legal Topics
Ex Parte Proceedings, Unfair Termination, Setting Aside Ex Parte Award
Source Language
English
Labour Law Ex Parte Proceedings Unfair Termination Setting Aside Ex Parte Award

Case Brief

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Parties

SEIFIIMPEX LTD

Applicant

SELEMAN RASHID

1st Respondent

MBARAKA ABDALLAH

2nd Respondent

IBRAHIM SEIFU

3rd Respondent

CLEMENT YOHANA LOMBOLA

4th Respondent

OMAR SEIF

5th Respondent

ALLY SAID DADDI

6th Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the CMA decision was ex-parte or interparte
  2. 2 Proper procedure to challenge ex-parte awards

Ratio Decidendi

The CMA decision was ex-parte as only the complainant's evidence was considered due to Applicant's counsel's repeated non-appearance. The proper procedure to challenge the ex-parte award is to apply to the CMA to set it aside, not to the High Court.

Court Disposition

Application dismissed

Orders

  • CMA directed to entertain the application for setting aside the ex-parte order and accord parties the right to be heard before rendering decision
  • Costs to be shared