yapi merkezi vs benjamin benson hayolah and salum athuman ngwengele 2024 tzhcld 33 14 february 2024

The application was filed outside the 42-day limitation period prescribed by law. The court, lacking jurisdiction over time-barred matters, must dismiss rather than strike out the application.

Citation: yapi merkezi vs benjamin benson hayolah and salum athuman ngwengele 2024 tzhcld 33 14 february 2024
Parties: Applicant: Yapi Merkezi; Respondent: Benjamin Benson Hayolah; Respondent: Salum Athuman Ngwengele
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 14 February 2024
Procedural Posture: Labour Revision Application / Ruling on Preliminary Objection (time Bar)
Outcome: Application dismissed for being time barred.
Legal Topics: Limitation of Actions, Jurisdiction, Dismissal Vs Striking Out, Labour Dispute Revision
Source Language: English

Labour Law Civil Procedure Limitation of Actions Jurisdiction Dismissal Vs Striking Out Labour Dispute Revision

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Parties

Yapi Merkezi

Applicant

Benjamin Benson Hayolah

Respondent

Salum Athuman Ngwengele

Respondent

Procedural Posture

Labour Revision Application / Ruling on Preliminary Objection (time Bar)

Legal Issues

1 Whether the application for revision was filed within the statutory limitation period
2 Whether the appropriate remedy for a time-barred application is dismissal or striking out

Ratio Decidendi

The application was filed outside the 42-day limitation period prescribed by law. The court, lacking jurisdiction over time-barred matters, must dismiss rather than strike out the application.

Court Disposition

Application dismissed for being time barred.

Orders

Application dismissed for want of jurisdiction due to being time barred.