bernard gindo 19 others vs tol gases limited 2023 tzhcld 1178 10 march 2023

bernard gindo 19 others vs tol gases limited 2023 tzhcld 1178 10 march 2023

The applicants' delay was technical, arising from procedural missteps and not from inaction or negligence; since the previous appeal was struck out (not dismissed), applicants are entitled to pursue the matter afresh, and their persistent efforts to be heard justify the grant of extension of time.

Citation
bernard gindo 19 others vs tol gases limited 2023 tzhcld 1178 10 march 2023
Parties
Applicants: Bernard Gindo & 19 Others; Respondent: TOL Gases Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
10 March 2023
Procedural Posture
Miscellaneous Labour Application / Ruling on Application for Extension of Time to File Notice of Intention to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Technical Delay, Right to Appeal, Unfair Termination, Procedural Compliance
Source Language
English
Labour Law Civil Procedure Extension of Time Technical Delay Right to Appeal Unfair Termination Procedural Compliance

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Parties

Bernard Gindo & 19 Others

Applicants

TOL Gases Limited

Respondent

Procedural Posture

Miscellaneous Labour Application / Ruling on Application for Extension of Time to File Notice of Intention to Appeal

Legal Issues

  1. 1 Whether the applicants have adduced sufficient grounds for extension of time to file notice of intention to appeal
  2. 2 Whether technical delay constitutes a good ground for extension of time

Ratio Decidendi

The applicants' delay was technical, arising from procedural missteps and not from inaction or negligence; since the previous appeal was struck out (not dismissed), applicants are entitled to pursue the matter afresh, and their persistent efforts to be heard justify the grant of extension of time.

Court Disposition

Application granted

Orders

  • Applicants granted fourteen days leave to file notice of intention to appeal to Court of Appeal