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Tanzania decisions
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The High Court at Tanga overruled a preliminary objection and granted extension of time to refile a revision against a CMA award, finding good cause and a curable citation defect.
Applicant demonstrated diligence and lack of negligence; delay was only three days and promptly addressed. Good cause shown for extension of time.
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The applicant demonstrated sufficient cause for delay, as the delay was technical following the striking out of the previous application for incompetence, and the present application was filed promptly. The application was uncontested.
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The applicant demonstrated technical delay by filing a wrong application within time and promptly seeking correction; technical delay constitutes sufficient cause for extension of time.
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The application was struck out because the applicants failed to properly cite the enabling provisions of law, rendering the application improperly before the court.
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The Arbitrator abrogated her duty by failing to consider the central issue of flagging the applicant's bank account, which was pleaded and evidenced. The Labour Court, in revision, cannot re-appreciate evidence but can quash and remit the matter for proper consideration of all relevant facts.
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The application was struck out because the applicant cited a non-existent case number throughout all documents, including the affidavit, and such a defect is not curable by the overriding objective principle as it goes to the root of the application.
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The High Court dismissed a labour revision as premature, holding that it challenged an interlocutory adjournment order that did not finally determine the dispute.
The Labour Division granted an extension of time after finding sufficient cause for delay in filing an intended revision challenging a CMA award.
The High Court struck out a labour revision application as time barred and improperly filed because the applicant cited the wrong enabling provisions.
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