serengeti breweries ltd vs hector sequeiraa 2019 tzca 145 16 may 2019

The application raises an arguable point of law of sufficient importance, namely whether the CMA and High Court had jurisdiction to entertain the dispute in the absence of a valid work permit, which is apparent on the face of the record. This justifies extension of time to file a notice of appeal.

Citation: serengeti breweries ltd vs hector sequeiraa 2019 tzca 145 16 may 2019
Parties: Applicant: Serengeti Breweries Limited; Respondent: Hector Sequeira
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 16 May 2019
Procedural Posture: Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome: Application granted
Legal Topics: Extension of Time, Jurisdiction, Illegality as Ground for Extension, Employment of Foreigners, Work Permit Requirements
Source Language: English

Labour Law Civil Procedure Extension of Time Jurisdiction Illegality as Ground for Extension Employment of Foreigners Work Permit Requirements

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Parties

Serengeti Breweries Limited

Applicant

Hector Sequeira

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal

Legal Issues

1 Whether the application discloses a point of illegality of sufficient importance to justify extension of time
2 Whether the absence of a valid work permit rendered the employment contract void and ousted the jurisdiction of the CMA and High Court

Ratio Decidendi

Court Disposition

Application granted

Orders

Applicant to lodge a notice of appeal within thirty days from the date of delivery of this ruling
Costs to follow the event in the intended appeal