20091217 TZHC Dar es Salaam

Failure to attach a copy of the award to the memorandum of appeal against an Industrial Court decision renders the appeal incompetent and improperly before the court.

Citation: 20091217 TZHC Dar es Salaam
Parties: Appellants: Ramadhani Mwigole and 38 Others; Respondent: TRC (now Reli Assets Holding Co. Ltd)
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 17 December 2009
Procedural Posture: Civil Appeal / Ruling on Preliminary Objection
Outcome: Appeal struck out as incompetent
Legal Topics: Appeals, Industrial Court Procedure, Attachment of Award/decree, Preliminary Objection
Source Language: English

Civil Procedure Labour Law Appeals Industrial Court Procedure Attachment of Award/decree Preliminary Objection

Case Brief

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Parties

Ramadhani Mwigole and 38 Others

Appellants

TRC (now Reli Assets Holding Co. Ltd)

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

1 Whether a memorandum of appeal against an Industrial Court decision must be accompanied by a copy of the award
2 Whether failure to attach the award renders the appeal incompetent

Ratio Decidendi

Failure to attach a copy of the award to the memorandum of appeal against an Industrial Court decision renders the appeal incompetent and improperly before the court.

Court Disposition

Appeal struck out as incompetent

Orders

Appeal struck out for failure to attach a copy of the award
Each party to bear its own costs