Hubert Remmy Lyoba vs. KK Security (T) Ltd; Revision No. 51A of 2013: High Court of Tanzania (Labour Division) at Mwanza (Unreported).
- Labour Law
- Procedure – When CPC is applicable in labour matters?
- Applications –relevant provisions to support applications for revision of CMA award.
- Applications – effect of failure to cite relevant provisions
Held:-
(i) In practice, the CPC or any other appropriate procedure is resorted to where no other procedure is prescribed by the Labour Court Rules, G.N. 106/2007.
(ii) It is a long observed practice by the Labour Court that relevant citation to support applications for revision of CMA award are section 91(1) and (2) of the ELRA, No. 6 of 2004. Under that, relevant section 91(2) specifies whether revision is sought on ground of 91(2)(a), “....... misconduct on the part of the arbitrator” or that 2(b), “....... the award was improperly procured” or that 2(c) , “.... the award was illogical or irrational.” To amount to complete citation, the said provisions have to be ( cited with or read together) with relevant sub-rules of Rule 24 and 28 (1)(a),(b), (c) or (d) of the LC Rules. The sub –rules of rule 28 amplify grounds for which an award may be faulted on basis of section 91(2).
(iii) It is now a binding rule of law that improper citation makes an application incompetent.