uap insurance t ltd vs yuda shayo 6 others 2022 tzhcld 231 20 may 2022

uap insurance t ltd vs yuda shayo 6 others 2022 tzhcld 231 20 may 2022

A revision application filed by a party aggrieved by an order striking out an execution application not filed by itself is incompetent and must be struck out, as only the party whose application was struck out may refile or seek further remedies.

Citation
uap insurance t ltd vs yuda shayo 6 others 2022 tzhcld 231 20 may 2022
Parties
Applicant: UAP Insurance (T) Limited; Respondents: Yuda Shayo & 6 Others
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
20 May 2022
Procedural Posture
Revision Application / Judgment
Outcome
application struck out as incompetent
Legal Topics
Execution of Awards, Compensation in Lieu of Reinstatement, Striking Out Applications, Revision Proceedings
Source Language
English
Labour Law Civil Procedure Execution of Awards Compensation in Lieu of Reinstatement Striking Out Applications Revision Proceedings

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Parties

UAP Insurance (T) Limited

Applicant

Yuda Shayo & 6 Others

Respondents

Procedural Posture

Revision Application / Judgment

Legal Issues

  1. 1 Whether the applicant can be aggrieved by an order striking out an execution application filed by the respondents
  2. 2 Whether the revision application against an order striking out execution application is competent
  3. 3 Interpretation of section 40(3) of the Employment and Labour Relations Act regarding compensation in lieu of reinstatement

Ratio Decidendi

A revision application filed by a party aggrieved by an order striking out an execution application not filed by itself is incompetent and must be struck out, as only the party whose application was struck out may refile or seek further remedies.

Court Disposition

application struck out as incompetent

Orders

  • Application struck out for being incompetent.