The DED Sengerema District Council versus Peter Msungu and 13 Others

The DED Sengerema D/Council vs. Peter Msungu and 13 Others, MISC Application No. 27 of 2013: High Court of Tanzania (Labour Division) at Mwanza (Unreported).

• Labour Law

• Limitation of time – When to make an application to set-aside an ex parte judgment by the Labour Court?
• Applications – Relevant provisions regarding application to set-aside a judgment by the Labour Court.

Held:-

(i) An application to set aside ex-parte / default judgment by the Labour Court should be made within 15 days after acquiring knowledge of the order or default judgment grated in the absence of that party upon showing a good cause.

(ii) A proper provision to move the Labour Court to set aside an ex parte decision is Rule 38 (1) and 125 of the Labour Court Rules, G.N. 106 of 2007.