benard gindo and 27 others vs tol gases limited 2021 tzhcld 266 6 july 2021

IN THE HIGH COURT OF TANZANIA LABOUR DIVISION AT DAR ES SALAAM MISCELLANEOUS APPLICATION NO.13 OF 2021 BENARD GINDO AND 27 OTHERS.................. APPLICANTS VERSUS % TOL GASES LIMITED....................................... RESPONDENT RULING Date of last order: 06/07/2021 Date of Ruling: 06/07/2021 B.E.K.Mganqa, J The application came for hearing today. The court raised an issue as to whether it is properly before this court and asked counsels to address on that aspect. In her submission Genoveva Kalolo, Advocate for the applicant submitted that it is not properly before the court. She submitted that notice of representation shows that it was signed by one person instead of all 28 applicants. Not only that but also, no leave was sought and granted by this court for the applicant to represent the other applicants. On his side, Michael Kariwa, Advocate for respondent joined hands with counsel for the applicant that no leave of this court was sought and granted. For that reason, he submitted that the application be struck out with leave to refile. Having heard counsels for the applicants and the respondents, I am of the settled mind that the application is not properly before the court. This application has been brought under Rule 43(l)(a) and 43(l)(b) and i the notice of representation being signed by a single person i.e. Bernard Gindo. But the application shows that there are other twenty seven (27) Applicants who have no signatures on the notice of representation. This is irregular. The said notice was supposed to be signed by all applicants or else, they were supposed to file this application under Rule 44(2) of Labour Court Rules, 2007 after being granted leave by this court. As no leave of the court was sought and granted, the said Benard Gindo has no power to file this application on behalf of the undisclosed persons. I have read the affidavit of the said Benard Gindo and find that there are no names of the persons i.e the alleged 27 others. It is my settled opinions that their names need to be there otherwise this court will fail to make a final order to the parties. V. % For the foregoing, I hereby struck out the application with leave to refile. Ordered accordingly. B.E.K.Mg^nga ■'%>o X; • JUDGE 06/07/2021 — f XX.. W;"' Ruling delivered in the presence of Genoveva Kalolo, Advocate for applicant and Michael Kariwa, Advocate for the respondent. B.E.K.Mganga JUDGE 06/07/2021 2