athumani mashaka mzee vs crje east africa limited 2021 tzhcld 69 16 aprili 2021
The application was brought under wrong provisions of law, specifically citing Rule 56 of the Labour Court Rules which does not apply to the relief sought. This defect is fatal and renders the entire application incompetent, warranting its striking out.
- Citation
- athumani mashaka mzee vs crje east africa limited 2021 tzhcld 69 16 aprili 2021
- Parties
- Muombaji: Athumani Mashaka Mzee; Mjibu Maombi: CRJE (East Africa) Limited
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2021
- Procedural Posture
- Maombi Ya Anuai / Ruling on Preliminary Objections
- Outcome
- Application struck out
- Legal Topics
- Striking Out Applications, Wrong Citation of Law, Affidavit Defects, Jurisdictional Objections
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Athumani Mashaka Mzee
Muombaji
CRJE (East Africa) Limited
Mjibu Maombi
Procedural Posture
Maombi Ya Anuai / Ruling on Preliminary Objections
Legal Issues
- 1 Whether the application should be struck out for wrong citation of enabling provisions
- 2 Whether failure to comply with affidavit requirements is fatal
- 3 Whether the application is competent before the court
Ratio Decidendi
The application was brought under wrong provisions of law, specifically citing Rule 56 of the Labour Court Rules which does not apply to the relief sought. This defect is fatal and renders the entire application incompetent, warranting its striking out.
Court Disposition
Application struck out
Orders
- Application struck out for being brought under wrong provisions of law
- No order as to costs or leave to refile granted
Full Case Text
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