RULING Adrian Winfrid Mapunda vs

RULING Adrian Winfrid Mapunda vs

The affidavit supporting the application is incurably defective because it was sworn by only one applicant without joint or authorizing affidavits from the others, rendering the application incompetent and liable to be struck out.

Citation
RULING Adrian Winfrid Mapunda vs
Parties
Applicant: Adrian Winfrid Mapunda; Applicant: Ismail Said Charachimo; Applicant: Casto Damas Komba; Applicant: Mohamed Maulid Mohamed; Respondent: Bharya Engineering and Contracting Co. Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2001
Procedural Posture
Labour Revision / Ruling on Preliminary Objection
Outcome
application struck out
Legal Topics
Affidavit Defects, Representation in Court, Preliminary Objection, Labour Dispute Revision
Source Language
English
Labour Law Civil Procedure Affidavit Defects Representation in Court Preliminary Objection Labour Dispute Revision

Case Brief

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Parties

Adrian Winfrid Mapunda

Applicant

Ismail Said Charachimo

Applicant

Casto Damas Komba

Applicant

Mohamed Maulid Mohamed

Applicant

Bharya Engineering and Contracting Co. Limited

Respondent

Procedural Posture

Labour Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether an affidavit sworn by one applicant on behalf of others without joint or authorizing affidavits is incurably defective
  2. 2 Whether the application is competent before the court given the affidavit defect

Ratio Decidendi

The affidavit supporting the application is incurably defective because it was sworn by only one applicant without joint or authorizing affidavits from the others, rendering the application incompetent and liable to be struck out.

Court Disposition

application struck out

Orders

  • The application is struck out for being supported by an incurably defective affidavit.
  • No order as to costs.