simon logistics group ltd vs servin jmbaga 18 others 2022 tzhcld 942 5 september 2022

simon logistics group ltd vs servin jmbaga 18 others 2022 tzhcld 942 5 september 2022

Condonation was improperly granted as reasons advanced were not sufficient in law; only six employment contracts were proved and no evidence for the rest of the respondents; secondary evidence was admitted without following legal procedure; thus, the CMA award was quashed and set aside.

Citation
simon logistics group ltd vs servin jmbaga 18 others 2022 tzhcld 942 5 september 2022
Parties
Applicant: Simon Logistics Group Limited; Respondents: Servin J. Mbaga & 18 Others
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
5 September 2022
Procedural Posture
Labour Revision / Judgment on Application to Revise Ex Parte CMA Award
Outcome
Application allowed; CMA award quashed and set aside.
Legal Topics
Unfair Termination, Condonation of Delay, Admissibility of Evidence, Burden of Proof in Ex Parte Proceedings
Source Language
English
Labour Law Unfair Termination Condonation of Delay Admissibility of Evidence Burden of Proof in Ex Parte Proceedings

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Parties

Simon Logistics Group Limited

Applicant

Servin J. Mbaga & 18 Others

Respondents

Procedural Posture

Labour Revision / Judgment on Application to Revise Ex Parte CMA Award

Legal Issues

  1. 1 Whether condonation for late filing was properly granted
  2. 2 Whether respondents proved employment relationship and claims
  3. 3 Whether secondary evidence was properly admitted

Ratio Decidendi

Condonation was improperly granted as reasons advanced were not sufficient in law; only six employment contracts were proved and no evidence for the rest of the respondents; secondary evidence was admitted without following legal procedure; thus, the CMA award was quashed and set aside.

Court Disposition

Application allowed; CMA award quashed and set aside.

Orders

  • CMA award of 11/3/2022 is quashed and set aside.