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Tanzania decisions
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The High Court's decision refusing to remove the arbitrator was interlocutory as it did not finally determine the substantive rights of the parties in the arbitration; therefore, section 5(2)(d) of the Appellate Jurisdiction Act bars an appeal to the Court of Appeal on such a decision.
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The Court of Appeal has no jurisdiction to entertain a second bite application for leave to appeal where the High Court dismissed the first application for being time-barred at a preliminary stage, as this does not constitute a refusal on merit under Rule 45(b) of the Court of Appeal Rules.
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The statutory period of six weeks (42 days) for filing a revision application under section 91(1) of the Employment and Labour Relations Act begins on the date the award is served; thus, the applicant's filing on 16th November 2023 was out of time as the period ended on 15th November 2023.
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The High Court upheld a CMA award and dismissed a labour revision challenging retrenchment and alleged unpaid salary arrears at Riki Hill Hotel.
Section 93 of the Civil Procedure Code is a relevant and enabling provision for enlargement of time. Allegations of illegality in the arbitration award constitute sufficient reason to grant the extension. The application is competent and succeeds on the merits.
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The High Court struck out a petition and a stay application for challenging an arbitration award, holding that mandatory procedural rules had not been followed.
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