tanzania breweries limited vs edson muganyizi barongo others 2014 tzhc 2343 10 june 2014

tanzania breweries limited vs edson muganyizi barongo others 2014 tzhc 2343 10 june 2014

The Labour Court cannot entertain an application for extension of time to refile a matter that was previously dismissed for being time barred under Section 3(1) of the Law of Limitation Act; the only remedy available to the aggrieved party is to appeal to the Court of Appeal. The Law of Limitation Act applies to the Labour Court where the Labour Court Rules are silent on the remedy for time-barred applications.

Citation
tanzania breweries limited vs edson muganyizi barongo others 2014 tzhc 2343 10 june 2014
Parties
Applicant: Tanzania Breweries Limited; Respondents: Edson Muganyizi Barongo & 7 Others
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 June 2014
Procedural Posture
Miscellaneous Labour Application / Ruling on Preliminary Objection
Outcome
Application dismissed
Legal Topics
Extension of Time, Limitation of Actions, Jurisdiction, Labour Disputes
Source Language
English
Labour Law Civil Procedure Extension of Time Limitation of Actions Jurisdiction Labour Disputes

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Parties

Tanzania Breweries Limited

Applicant

Edson Muganyizi Barongo & 7 Others

Respondents

Procedural Posture

Miscellaneous Labour Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether an application for extension of time can be entertained after a previous application for revision was dismissed for being time barred under the Law of Limitation Act
  2. 2 Whether the Law of Limitation Act applies to the Labour Court in the absence of specific remedies in the Labour Court Rules

Ratio Decidendi

The Labour Court cannot entertain an application for extension of time to refile a matter that was previously dismissed for being time barred under Section 3(1) of the Law of Limitation Act; the only remedy available to the aggrieved party is to appeal to the Court of Appeal. The Law of Limitation Act applies to the Labour Court where the Labour Court Rules are silent on the remedy for time-barred applications.

Court Disposition

Application dismissed

Orders

  • Preliminary objection upheld
  • Application for extension of time dismissed