20140904 TZHC Mwanza

20140904 TZHC Mwanza

The application was struck out due to lack of proper representation and a defective affidavit, as Mr. Masudi improperly appointed himself and used incorrect wording, rendering the application incompetent.

Citation
20140904 TZHC Mwanza
Parties
Applicant: Vona S/O Sarya & 13 Others; Respondent: Caspian Mining Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 September 2014
Procedural Posture
Labour Revision / Ruling on Preliminary Objection
Outcome
Application struck out with leave to refile
Legal Topics
Representation in Court, Defective Affidavit, Proper Citation of Law, Preliminary Objection
Source Language
English
Labour Law Civil Procedure Representation in Court Defective Affidavit Proper Citation of Law Preliminary Objection

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Parties

Vona S/O Sarya & 13 Others

Applicant

Caspian Mining Ltd

Respondent

Procedural Posture

Labour Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is incompetent for lack of proper representation
  2. 2 Whether the affidavit is defective for want of proper wording
  3. 3 Whether the application is incompetent for citing non-existent legal provisions

Ratio Decidendi

The application was struck out due to lack of proper representation and a defective affidavit, as Mr. Masudi improperly appointed himself and used incorrect wording, rendering the application incompetent.

Court Disposition

Application struck out with leave to refile

Orders

  • Application struck out for incompetence due to lack of proper representation and defective affidavit
  • Applicants granted leave to refile a proper application within seven (7) days if they wish to pursue the matter