yapi merkeziinsaat sanayi anonim sirketi vs yakob amir jongo 2022 tzhcld 717 11 agosti 2022

yapi merkeziinsaat sanayi anonim sirketi vs yakob amir jongo 2022 tzhcld 717 11 agosti 2022

The applicant failed to provide sufficient and timely reasons for non-appearance before the CMA. The applicant's conduct showed lack of diligence, and the right to be heard was not violated as the applicant was given opportunities but failed to utilize them. Therefore, there were no grounds to set aside the ex parte...

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Citation
yapi merkeziinsaat sanayi anonim sirketi vs yakob amir jongo 2022 tzhcld 717 11 agosti 2022
Parties
Applicant: YAPI MERKEZIINSAAT SANAYI ANONIM SIRKETI; Respondent: YAKOB AMIR JONGO
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Labour Revision / Judgment on Application to Set Aside Ex Parte Award
Outcome
Application dismissed
Legal Topics
Setting Aside Ex Parte Award, Right to Be Heard, Procedural Fairness
Source Language
en
Labour Law Setting Aside Ex Parte Award Right to Be Heard Procedural Fairness

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Parties

YAPI MERKEZIINSAAT SANAYI ANONIM SIRKETI

Applicant

YAKOB AMIR JONGO

Respondent

Procedural Posture

Labour Revision / Judgment on Application to Set Aside Ex Parte Award

  1. 1 Whether the applicant provided sufficient grounds to set aside the ex parte award of the Commission for Mediation and Arbitration (CMA)
  2. 2 Whether the applicant was denied the right to be heard before the CMA

Ratio Decidendi

The applicant failed to provide sufficient and timely reasons for non-appearance before the CMA. The applicant's conduct showed lack of diligence, and the right to be heard was not violated as the applicant was given opportunities but failed to utilize them. Therefore, there were no grounds to set aside the ex parte award.

Court Disposition

Application dismissed

Orders

  • Each party to bear its own costs