austin nelson sikwese vs wintech elevators t ltd 2020 tzhcld 15 6 march 2020
Non-compliance with mandatory affidavit requirements under Rule 24(3)(a)(b)(d) of the Labour Court Rules renders the application incompetent and subject to being struck out.
- Citation
- austin nelson sikwese vs wintech elevators t ltd 2020 tzhcld 15 6 march 2020
- Parties
- Applicant: Austin Nelson Sikwese; Respondent: Wintech Elevators (T) Ltd
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 6 March 2020
- Procedural Posture
- Labour Revision / Ruling on Preliminary Objection
- Outcome
- Application struck out for incompetence due to defective affidavit.
- Legal Topics
- Affidavit Requirements, Unfair Termination, Procedural Compliance
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Austin Nelson Sikwese
Applicant
Wintech Elevators (T) Ltd
Respondent
Procedural Posture
Labour Revision / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the applicant's affidavit complies with Rule 24(3)(a)(b)(d) of the Labour Court Rules GN 106/2007
- 2 Whether non-compliance with affidavit requirements renders the application incompetent
Ratio Decidendi
Non-compliance with mandatory affidavit requirements under Rule 24(3)(a)(b)(d) of the Labour Court Rules renders the application incompetent and subject to being struck out.
Court Disposition
Application struck out for incompetence due to defective affidavit.
Orders
- Application is struck out for incompetence.
Full Case Text
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