Coca Cola application for employee compensation endorsed

FAUSTINE KAPAMA

THE Court of Appeal has allowed the Coca Cola Kwanza Tanzania Limited and its driver, Francis Ngowi, to challenge payments of 50m/-, as compensation to a citizen, Geofrey Lamayani, for injuries following a motor vehicle accident.

Justice Augustine Mwarija ruled in favour of the two applicants after allowing an application for extension of time with which to file an application for stay of execution of the High Court’s decision regarding the payments. “I allow the application.

The applicants are granted extension of time to file an application for stay of execution. The application to be filed within 14 days from the date of this ruling,” he declared. The justice found that the application for extension of time had merits because the delay in filing the same was occasioned by the court, in particular supplying to the applicants a decree, which was not properly dated.

In his submissions to support the application, Advocate Karoli Tarimo, for the applicant, had told the court that after the judgment of the High Court, he applied to be supplied with copies of proceedings, judgment and decree for the purpose of lodging an appeal and the application for stay.

He contended that he was supplied with the documents on March 19, last year, but upon going through them he discovered the decree was wrongly dated as was dated August 24, 2015 instead of August 22, 2015, which is the date of the judgment.

As a result, the advocate submitted, he applied for a properly dated copy of the decree and the same was later supplied to him on May 4, last year. He filed the application for extension of time having realized he was already beyond the 60 days limitation period for filing an application for stay.

The advocate, therefore, submitted that since the delay was caused by mistake of the court of supplying a copy of a wrongly dated decree, that factor constitutes a good cause for the grant of the application in question.

In the matter, the applicants were defendants in the District Court of Tanga where they were sued by Mr Lamayani, who had claimed for 50m/- as compensation for injuries he sustained in a car accident.

He was knocked down by the company’s motor vehicle, which was being driven by Mr Ngowi. The District Court decided for Mr Lamayani and awarded him the claimed amount. The applicants were aggrieved with the decision. They decided to go to the High Court by way of appeal, but were not successful. They now intend to take the matter to the Court of Appeal