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Tanzania decisions
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The East African Court of Justice adopted its intervention ruling in this application, finding related intervention requests substantively identical and addressing consolidation later.
The Court lacks jurisdiction ratione materiae because the Applicant's claims pertain to the African Charter and the African Commission, which are outside the scope of the Treaty. The Court also lacks jurisdiction ratione temporis as the Reference was filed more than five years after the Applicant became aware of the alleged violation, exceeding the two-month limitation period under Article 30(2) of the Treaty.
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High Court appeal over execution of labour decisions, unlawful consolidation, party-name discrepancies, and calculation of entitlements was allowed in part.
The High Court held that the Taxing Master lacked jurisdiction to tax bills of costs filed out of time without leave and set the taxation aside.
The trial tribunal erred by entertaining two referral forms without a consolidation order as required by Rule 26 of the Labour Institution (Mediation and Arbitration) Rules, rendering the proceedings unprocedural and an abuse of court process. The preliminary objection is upheld and the award is quashed.
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The judgment of the trial tribunal is null and void due to fatal irregularities: improper consolidation without hearing parties and failure to address the counterclaim. Separate judgments must be composed for each proceeding.
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The applications concern similar facts, alleged violations, and measures requested against the same respondent state, justifying joinder for proper administration of justice under Rule 54.
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The High Court consolidated two related civil causes involving arbitration and winding-up proceedings, finding common issues and a need to avoid conflicting decisions.
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