TARGET BRANDS LIMITED V

IN THE HIGH COURT OF TANZANIA

LABOUR DIVISION

AT DAR ES SALAAM REVISION APPLICATION NO. 30294 OF 2024 (Arising from an Award issued on 22/7/2024 by Hon. Mikidadi, A, Arbitrator, in Labour dispute No. CMA/DSM/TMK/135/2022/82/2022 at Temeke.) TARGET BRANDS LIMITED….…………….....................................APPLICANTS

VERSUS JAMES UISSO……..........………………………………………………. RESPONDENT

RULING Date of last Order:5/2/2025 Date of Ruling:17/2/2025 B.E.K. Mganga, J. On 15th November 2024 this Court (Hon. Mlyambina, J), in Miscellaneous Application No. 23535 of 2024, granted applicant fourteen days leave within which to file an application for revision. On 1st December 2024, applicant filed this application for revision. When the application was called on for hearing on 5th February 2025, Mr. Arnold Luoga, advocate appeared for the applicant while James Uisso, the respondent appeared in person. Before allowing the parties to address the court on the grounds raised by the applicant, I asked both the learned advocate and the 1 respondent to address the court whether, this application was filed within time or not. Responding on the issue raised by the court, Mr. Luoga submitted that, the application was filed within time. He argued that 30th November 2024 and 1st December 2024 were Saturday and Sunday respectively hence those two days should be excluded. He added that, if those two days are excluded, then, the application will be in time. Upon being probed, he submitted that, the fourteen (14) days that applicant was granted within which to file this application expired on 29th November 2024 that was a working day as it was Friday. With those submissions, counsel for the applicant maintained that the application was filed within time. On the other hand, respondent

briefly submitted that the application was filed out of time and prayed the same be dismissed for being time barred. There is no doubt, as it was correctly submitted by counsel for the applicant that, the fourteen days that applicant was granted to file revision application expired on 29th November 2024 that was Friday hence a working day. This application was filed on Sunday 1st December 2024. Submissions by counsel for the applicant that 30th November 2024 2 and 1st December 2024 should be excluded as those were not working days cannot serve this application from not being time barred. I am of that view because, the fourteen days expired on Friday 29th November 2024 that was a working day hence on both 30th November 2024 and 1st December 2024 applicant was already out of time. Interestingly, this application was filed on Sunday 1st December 2024, the day counsel for the applicant prays to be excluded. I find that submissions by counsel for the applicant seeking exclusion of the 30th November 2024 and Sunday 1st November 2024 are self-defeating because he was not prevented to file the intended revision within time because the last two days were none-working days. As pointed out herein above, applicant filed this application on Sunday 1st December 2024. It is my findings therefore that, since the fourteen days within which applicant was granted leave to file revision expired on the working day and applicant failed to file revision within those days, this application was filed out of time hence time barred. For the foregoing, I dismiss this application for being time barred. Dated at Dar es Salaam on this 17th February 2025. B. E. K. Mganga

JUDGE 3 Ruling delivered on this 17th February 2025 in Chambers in the presence of Arnold Luoga, Advocate for the Applicant and Prosper Mrema, Advocate for the Respondent. B. E. K. Mganga

JUDGE A 4