seiita lamec vs adamasconglomerate limited 2023 tzhcld 1479 7 november 2023
Proceeding to determine the merits of an application without first disposing of a preliminary objection on time limitation is a procedural error that renders the proceedings a nullity.
Source-derived case information.
- Citation
- seiita lamec vs adamasconglomerate limited 2023 tzhcld 1479 7 november 2023
- Parties
- Applicant: Seitta Lameck Mwandu; Respondent: Adamas Conglomerate Limited
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 7 November 2023
- Procedural Posture
- Labour Revision / Ruling on Procedural Irregularity
- Outcome
- Proceedings, decision, and orders of the CMA are nullified; matter remitted for retrial before a different arbitrator after determination of the preliminary objection.
- Legal Topics
- Preliminary Objection, Time Limitation, Setting Aside Ex Parte Award, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Seitta Lameck Mwandu
Applicant
Adamas Conglomerate Limited
Respondent
Procedural Posture
Labour Revision / Ruling on Procedural Irregularity
Legal Issues
- 1 Whether it was proper for the CMA to determine the application on merits without first determining the preliminary objection on time limitation
Ratio Decidendi
Proceeding to determine the merits of an application without first disposing of a preliminary objection on time limitation is a procedural error that renders the proceedings a nullity.
Court Disposition
Proceedings, decision, and orders of the CMA are nullified; matter remitted for retrial before a different arbitrator after determination of the preliminary objection.
Orders
- Proceedings, decision, and orders of the CMA relating to setting aside ex parte award are nullified.
- File remitted to CMA for retrial after determination of the preliminary objection.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA LABOUR DIVISION AT DAR ES SALAAM REVISION NO. 212 OF 2023 (Originating from CMA/DSM/KIN/28/22) SEITTA LAMECK MWANDU.............. APPLICANT VERSUS ADAMAS CONGLOMERATE LIMITED RESPONDENT RULING 07th Nov - 08th November, 2023 OPIYO, J. In this matter the ground for revision that was argue is whether it was right for CMA to determine the matter/application on merits without first determining preliminary objection on time limitation. As per records and submission of Salum Rugwiza, Personal representative representing the applicant, there was an application for setting aside ex parte award by the respondent the applicant who were the respondents then filed a notice pf preliminary objection on 11/07/2023. The determination of the application proceeded on merits without determination of the said preliminary objection. These facts were conceded to by Mr. Augustino Kusarika, learned counsel representing the respondent. It is a cardinal principle of law that where there is a point of objection, the same has to be determined first. It follows therefore that, it was indeed an error for the CMA to proceed with the matter on merits without disposing the point of objection first. This made the related proceedings a nullity. For the reason, the proceedings, decision and orders of the CMA relating to setting aside ex parte award are nullified. The file is remitted back to CMA for retrial on the matter after determination of the preliminary objection, notice of which was file on 11/07/2023 on time limitation of the application. Let the matter be placed before a different arbitrator. M. P. OPIYO, JUDGE 08/ 11/2023