tuico obo thomas mashaka 760 others vs southern paper mills limited 2022 tzhcld 895 23 september 2022

tuico obo thomas mashaka 760 others vs southern paper mills limited 2022 tzhcld 895 23 september 2022

An application for extension of time to file a similar application already dismissed for being time barred is not tenable in law as the dismissal constitutes a conclusive determination unless the dismissal order is vacated.

Citation
tuico obo thomas mashaka 760 others vs southern paper mills limited 2022 tzhcld 895 23 september 2022
Parties
Applicant: TUICO (O.B.O Thomas Mashaka & 760 Others); 1st Respondent: Southern Paper Mills Limited; 2nd Respondent: The Treasury Registrar; 3rd Respondent: Mufindi Paper Mills Limited; 4th Respondent: Rai Group of Kenya
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 September 2022
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection
Outcome
Application struck out
Legal Topics
Extension of Time, Res Judicata, Dismissal of Application, Preliminary Objection
Source Language
English
Labour Law Civil Procedure Extension of Time Res Judicata Dismissal of Application Preliminary Objection

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Parties

TUICO (O.B.O Thomas Mashaka & 760 Others)

Applicant

Southern Paper Mills Limited

1st Respondent

The Treasury Registrar

2nd Respondent

Mufindi Paper Mills Limited

3rd Respondent

Rai Group of Kenya

4th Respondent

Procedural Posture

Miscellaneous Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether an application for extension of time is tenable after dismissal of a similar application for being time barred

Ratio Decidendi

An application for extension of time to file a similar application already dismissed for being time barred is not tenable in law as the dismissal constitutes a conclusive determination unless the dismissal order is vacated.

Court Disposition

Application struck out

Orders

  • Preliminary objection upheld
  • Application struck out as incompetent