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Tanzania decisions
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The application is incompetent due to defective pleadings and improper citation of parties; such an application must be struck out, not withdrawn with leave to refile. Costs are not awarded as the application is not frivolous or vexatious.
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The High Court’s Labour Division dismissed the application as time-barred and awarded costs, holding that repeated defective filings were frivolous and vexatious.
The limitation period for referring a dispute to the CMA is reckoned from the date the termination letter was written, not when it was received. The appellant's complaint was lodged outside the prescribed period and without an application for condonation, rendering the CMA without jurisdiction. The High Court correctly revised and set aside the CMA proceedings.
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Applicants failed to establish a common interest, proper consent, or a valid list of persons to be represented; the application is frivolous, vexatious, and an abuse of court process; costs are warranted against the applicant in person.
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The application was filed out of time without seeking extension after the previous application was struck out. The thirty-day period granted by the court was already utilized, and no further leave was given to refile. Strict adherence to limitation periods is required. The application is therefore dismissed for being time barred, with costs awarded due to frivolous and vexatious litigation.
Source excerpt
The High Court upheld a finding that the employee’s termination was unfair, but quashed alternative compensation and costs orders and ordered reinstatement.
The Court of Appeal struck out an application for extension of time to appeal because no notice of intention to appeal had been filed. Each party was ordered to bear its own costs.
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