Automated Summary
Key Facts
Mohamed K. Dady and 27 others, employees of Bakhresa Food Products Ltd since 2012, sought Tshs. 270,000/month salary arrears from 2012–2017. The Commission for Mediation and Arbitration (CMA) dismissed their claim, ruling their relationship was agent-principal, not employer-employee. Applicants filed a representative suit (Misc. App. No. 248 of 2019) on 7 May 2019, granted on 7 October 2019. They then applied for an extension to file a revision application out of time, citing delays due to preparing the representative suit. The court allowed the application, granting 30 days from 23 October 2020 to file the revision, finding the delay justified by the need to prepare for the representative suit.
Issues
The main legal issue addressed by the court is whether the Applicants have demonstrated a sufficient cause for the court to grant an extension of time to file their revision application, given that they filed a representative suit within the prescribed period but delayed the revision application thereafter. The Applicants argue that the delay was due to the time required to prepare and file the representative suit, while the Respondent contends that the delay lacks justification and the application is without merit.
Holdings
- The court found that the applicants had a valid cause for the delay, as the time spent applying for a representative suit (which was mandatory under Labour Court Rules) justified the extension request.
- The court did not assess the claim of illegality in the CMA award, as the extension was granted before the issue needed to be addressed.
- The court granted the applicants' request for an extension of time to file a revision application, allowing them 30 days from the ruling date to do so.
Remedies
- Each party to cover its own cost of the suit
- Applicants granted 30 days leave starting to count from today to file a revision application
Legal Principles
The court emphasized that applications for extension of time to file revision applications must demonstrate sufficient cause, and that mandatory procedures like seeking permission for representative suits (under rule 44(2) of Labour Court Rules) can justify delays if properly accounted for. The discretion to grant such extensions depends on the circumstances of each case, including promptness of the application and absence of negligence.
Precedent Name
- Christopher Gasper and 438 Others vs. Tanzania Ports Authority
- Lyamuya Construction Company Ltd vs. Board of Trustee of YWA of Tanzania
- General Manager Tanroads Kagera vs. Ruaha Concrete Company Ltd
- Mohamed Salum Nahdi vs. Elizabeth Jeremiah
- Tanga Cement Company vs. Jumanne D. Masangwa and Another
- Benedict Mumello vs. Bank of Tanzania
- Golden Crescent Assurance vs. Yusta Ezekiel Njau
- Tanzania Fish Processors Ltd vs. Eusto K. Ntagalinda
Cited Statute
- Employment and Labour Relations Act, 2014
- Labour Court Rules, G.N. No. 106 of 2007
Judge Name
A.E. Mwipopo
Passage Text
- In this matter at hand the applicants are praying for this Court to grant extension of time on the ground that they were late because of the time spent in Court applying for representative suit. ... the Applicants who were interest to file representative suit had to file the application for representative suits as they have done. For that reason, I find that the ground of filing for application for representative suit is good ground for extension of time to file revision application out of time especially when the application for representative suit was filed within the time to file the application for revision.
- It is trite law that an application for extension of time is entirely in the discretion of the court to grant or refuse it, and that extension of time may only be granted where it has been sufficiently established that the delay was with sufficient cause.
- The evidence available in the record shows that the Commission delivered its award on 8th April, 2019, and the Applicants filed application for representative suit on 7th May, 2019. ... Therefore, the Applicants who were interest to file representative suit had to file the application for representative suits as they have done.