albert chabruma and 2 others vs china railway seventh group co ltd 2021 tzhcld 456 8 november 2021

albert chabruma and 2 others vs china railway seventh group co ltd 2021 tzhcld 456 8 november 2021

The application was struck out because it was an omnibus application combining unrelated prayers, the affidavit was incurably defective for containing legal arguments and failing to comply with the mandatory format, and the overriding objective principle cannot cure these fundamental procedural defects.

Citation
albert chabruma and 2 others vs china railway seventh group co ltd 2021 tzhcld 456 8 november 2021
Parties
Applicant: Albert M. Chabruma; Applicant: Edward Cosmas Seww; Applicant: Hassan Risasi Haji; Respondent: China Railway Seventh Group Co. Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
8 November 2021
Procedural Posture
Labour Revision / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Preliminary Objection, Affidavit Defects, Omnibus Application, Procedural Compliance
Source Language
English
Labour Law Civil Procedure Preliminary Objection Affidavit Defects Omnibus Application Procedural Compliance

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Parties

Albert M. Chabruma

Applicant

Edward Cosmas Seww

Applicant

Hassan Risasi Haji

Applicant

China Railway Seventh Group Co. Ltd

Respondent

Procedural Posture

Labour Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit in support of the application is incurably defective
  2. 2 Whether the application is bad in law for skipping the mandatory format required by law
  3. 3 Whether the application is incompetent for being an omnibus application

Ratio Decidendi

The application was struck out because it was an omnibus application combining unrelated prayers, the affidavit was incurably defective for containing legal arguments and failing to comply with the mandatory format, and the overriding objective principle cannot cure these fundamental procedural defects.

Court Disposition

Application struck out with costs

Orders

  • The application is ruled incompetent and struck out with costs.