JUDGEMENT ULTIMATE SECURITY V JOSEPH KANDIDUS determination while there is pending appeal

JUDGEMENT ULTIMATE SECURITY V JOSEPH KANDIDUS determination while there is pending appeal

The CMA lacked jurisdiction to proceed with Labour Dispute No. CMA/DSM/KIN/411/2021/51/2022 because the issue of time limitation had already been conclusively determined in a previous dispute between the same parties, and a related appeal was pending before the Court of Appeal. The proceedings and award were therefore nullified for irregularity.

Citation
JUDGEMENT ULTIMATE SECURITY V JOSEPH KANDIDUS determination while there is pending appeal
Parties
Applicant: Ultimate Security (T) Ltd; 1st Respondent: Joseph Kandidus Goliama; 2nd Respondent: Ruth Antony Kaaya
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
28 June 2024
Procedural Posture
Labour Revision Application / Judgment on Application for Revision of CMA Award
Outcome
Application allowed; CMA proceedings and award nullified.
Legal Topics
Functus Officio, Res Judicata, Jurisdiction, Condonation, Parallel Proceedings, Pending Appeal
Source Language
English
Labour Law Functus Officio Res Judicata Jurisdiction Condonation Parallel Proceedings Pending Appeal

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Parties

Ultimate Security (T) Ltd

Applicant

Joseph Kandidus Goliama

1st Respondent

Ruth Antony Kaaya

2nd Respondent

Procedural Posture

Labour Revision Application / Judgment on Application for Revision of CMA Award

Legal Issues

  1. 1 Whether the CMA was functus officio in granting condonation and proceeding with Labour Dispute No. CMA/DSM/KIN/411/2021/51/2022 after striking out a previous dispute as time-barred
  2. 2 Whether the CMA could proceed with the dispute while a related matter was pending before the Court of Appeal

Ratio Decidendi

The CMA lacked jurisdiction to proceed with Labour Dispute No. CMA/DSM/KIN/411/2021/51/2022 because the issue of time limitation had already been conclusively determined in a previous dispute between the same parties, and a related appeal was pending before the Court of Appeal. The proceedings and award were therefore nullified for irregularity.

Court Disposition

Application allowed; CMA proceedings and award nullified.

Orders

  • The award and proceedings in Labour Dispute No. CMA/DSM/KIN/411/2021/51/2022 are nullified.
  • No order as to costs.