IN THE HIGH COURT OF TANZANIA

LABOUR DIVISION
AT DAR ES SALAAM
MISC.LAB.APPLICATION NO. 38 OF 2009
BETWEEN
MKURUGENZI JANDU PLUMBER DODOMA - APPLICANT
AND
STELLAH MASSAWE - RESPONDENT
9!03!200 " 0!0#!200
SC. MOSHI. J$
RULING
The applicant, Mkurugenzi Jandu Plumbers Ltd was the employer of the
respondent one Stellah Massawe. owe!er, the chamber summons and affida!it are
wrongly titled showing that the applicant is Stellah Massawe. Stella Massawe was the
applicant in the arbitration proceedings before the ".M.# $"ommission for Mediation
and #rbitration%. The respondent was awarded T.shs. &,&'&,((()* being terminal
benefits through an arbitration award dated +),)-(('.
.efore us, is an application for e/tension of time to file the application for
0e!ision out of time1 the applicant intends to lodge an applications for a re!ision of
the said award which was procured on
+),)-(('. #s the "ourt stamp shows, the present application was lodged in "ourt on
-
nd
2ctober, -(('.
.oth parties filed affida!its)counter affida!its to support their case1 They were
each afforded a right to submit orally as well.
The main, and only ground for the application as raised by the applicant was
that the director who was responsible to handle this case was sick and had to tra!el to
3ndia for Medical treatment. 4arious documents were tendered to show that he had
tra!elled to 3ndia, where he had undergone some Medical treatment.
The respondent stated that sickness of the director couldn5t be a good ground
for the company not to apply in time. She adduced e!idence to show that the director
referred to, Mr. ManMohan 6itu was the 2fficer whom she handed the award on
7),)-(('. That, Mr. 6itu signed on the document attached to her counter affida!it and
marked as 8S38. That the employer promised to pay her the awarded money within the
ordered &9 days. owe!er, they didn5t honour their word that5s when she applied for
e/ecution. That the applicant brought the application after she had lodged an
application for e/ecution. That e!en if the indicated director fell sick her employer is a
company with three directors.
3 ha!e considered both sides submissions. 0ules -7$&% of the Labour "ourt
0ules under which the application is brought pro!ides for rules for application for
re!iew of awards and S.'& of the :mployment and Labour 0elations #ct, #ct 6o.
7)-((9 pro!ides for 0e!ision of arbitration awards. Therefore they are not rele!ant to
the present application.
The rele!ant pro!ision of Law which gi!es powers to the Labour "ourt to e/tend
time limits and condonation is 0ule ;7 of the Labour "ourt 0ules, <.6. 6o. &(7)-((,.
owe!er the "ourt can e/tend time under 0.;7$l% only if the party shows good cause.
6ow, has the applicant showed good cause= The award was procured on
+),)-(('. The director, 6itu was ser!ed with it on 7),)-(('. e had been in the
"ountry up to -'),)-((', when he left for 3ndia.
3t is my !iew that ha!ing recei!ed the award on 7),)-((' he had ample time to
o!ersee that the matter was dealt according to the law.
#ll in all, 3 find no good reason has been ad!anced by the applicant.
The application is dismissed for lack of merits.
0)# :/plained.
S.". M2S3
J%&'(
&')(+)-(&(
>ate? &)9)-(&(
"oram? on. S.". Moshi, J.
#pplicant? #bsent.
@or 8?
0espondent? Stella Masawe A Present @or8?
""? J. Balolo
C)%*+$
>eli!ered on this &
st
>ay of #pril, -(&(, in presence of the 0espondent and in
absence of the #pplicant who was >ully notified.
COPIES TO$
ST:LL# T. M#SS#C:,
PAR ES SALAAM.
>30:"T20,
J#6>D PLDM.:0S, LT>.
PAR ES SALAAM.