Critical Analysis on the Parties to Labour Disputes in the CMA and Labour Court

Publication Information

Journal Title: Journal of Legal Studies & Research
Author(s): Innocent Benard
Published On: 15/11/2022
Volume: 8
Issue: 6
First Page: 17
Last Page: 27
ISSN: 2455-2437
Publisher: The Law Brigade Publisher

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Cite this Article

Innocent Benard, Critical Analysis on the Parties to Labour Disputes in the CMA and Labour Court, Volume 8 Issue 6, Journal of Legal Studies & Research, 17-27, Published on 15/11/2022, Available at https://jlsr.thelawbrigade.com/article/critical-analysis-on-the-parties-to-labour-disputes-in-the-cma-and-labour-court/

Abstract

Every legal dispute has parties. It is the correctness of parties to a legal dispute which aid the court or Quasi-judicial body to proper administration of justice. It is, therefore, essential for everyone to a legal dispute be it natural person or legal (artificial) persons,[i] to keep abreast with their rights and obligations as far as legal justice is concerned. In practice most of the litigants find themselves in legal traps of preliminary objections emanating on proper and necessary party to a lawsuit.[ii]

It is the common practice that complainants/ applicants’ loose cases at CMA and LABOUR COURT due to procedural irregularity on a right person to sue or be sued in labour cases as the results the matter fall short to stuck out or dismissal as the case maybe. Now we take this precious time to write this paper to share the law and practice on problematic issue dealing with parties to labour disputes at the CMA and LABOUR COURT”

[i] This was a holding in the case of The Registered Trustees of the Catholic Diocese of Arusha vs. The Board of Trustees of Simanjiro Pastoral Education Trust Civil case No. 3 of 1998

[ii] The of issue of necessary and proper party to legal proceedings when wrongly inserted attracts the preliminary objection. There prethora of cases but taking an example of recent case of Commercial Bank of Africa Tanzania Limited vs Dennis Rutahiwa and Comrade Auction Mart Company Limited, High Court, Labour Division, Misc. Application No. 226 of 2017.

Keywords: Parties, Labour disputes, Commission for Mediation and Arbitration, Labour courts, Natural person, Legal person

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