Tanzania Breweries Ltd vs. Edson Muganyizi Barongo and 7 Others: Misc Labour Application No. 79 of 2014: High Court of Tanzania (Labour Division) at Dar es Salam (Unreported).
- Limitation of time
- Dismissal of suit / application for being time barred: What is the remedy available?
- Labour Law
- Limitation of time in labour matters: whether the Law of Limitation Act is applicable.
- Civil Procedure
- Dismissal of a suit/application – What is the difference between dismissal of a suit and striking out?
Held:-
(i) When a suit/ application is dismissed for being time –barred, the only remedy available is to appeal rather than applying for extension of time in the same court.
(ii) An order for dismissal implies that, a competent suit/appeal has been disposed of while an order for striking out implies that there was no proper suit/appeal capable of being disposed of. In the former the only remedy available is appeal but in the latter one can file fresh suit /appeal.
(iii) The Law of Limitation Act is not applicable in labour matters except on the remedy of dismissed applications or matters in the labour court rules.