wema mtengwa vs tanzania railways corporation another 2024 tzhcld 32 26 february 2024

wema mtengwa vs tanzania railways corporation another 2024 tzhcld 32 26 february 2024

The delay was technical and not actual, as the applicant promptly filed subsequent applications after each was struck out for procedural defects. Technical delay constitutes sufficient cause for extension of time, and there was no evidence of negligence attributable to the applicant or his representative.

Citation
wema mtengwa vs tanzania railways corporation another 2024 tzhcld 32 26 february 2024
Parties
Applicant: Wema Mtengwa; 1st Respondent: Tanzania Railways Corporation; 2nd Respondent: Mwanasheria Mkuu wa Serikali
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
26 February 2024
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Technical Delay, Right to Be Heard, Negligence in Procedure
Source Language
English
Labour Law Civil Procedure Extension of Time Technical Delay Right to Be Heard Negligence in Procedure

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Parties

Wema Mtengwa

Applicant

Tanzania Railways Corporation

1st Respondent

Mwanasheria Mkuu wa Serikali

2nd Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file a revision against the CMA award
  2. 2 Whether the delay was technical or actual
  3. 3 Whether negligence can be attributed to the applicant or his representative

Ratio Decidendi

The delay was technical and not actual, as the applicant promptly filed subsequent applications after each was struck out for procedural defects. Technical delay constitutes sufficient cause for extension of time, and there was no evidence of negligence attributable to the applicant or his representative.

Court Disposition

Application granted

Orders

  • Applicant is granted 14 days to file the intended revision, on or before 11th March 2024.