beny william mkandawile others vs hse security task t ltd 2020 tzhcld 186 15 june 2020

The application was struck out for being incompetent due to ambiguity and failure to cite the proper statutory provisions.

Source-derived case information.

Citation: beny william mkandawile others vs hse security task t ltd 2020 tzhcld 186 15 june 2020
Parties: Applicant: Beny William Mkandawile & Others; Respondent: HSE & Security Task (T) Ltd
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 15 June 2020
Procedural Posture: Labour Revision / Ruling on Preliminary Objection/incompetence
Outcome: Application struck out as incompetent with leave to refile within 14 days.
Legal Topics: Revision, Competence of Application, Proper Citation of Law
Source Language: english

Labour Law Civil Procedure Revision Competence of Application Proper Citation of Law

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Parties

Beny William Mkandawile & Others

Applicant

HSE & Security Task (T) Ltd

Respondent

Procedural Posture

Labour Revision / Ruling on Preliminary Objection/incompetence

Legal Issues

1 Whether the application is competent given the inconsistency between the notice, chamber summons, and affidavit
2 Whether failure to cite proper statutory provisions renders the application incompetent

Ratio Decidendi

The application was struck out for being incompetent due to ambiguity and failure to cite the proper statutory provisions.

Court Disposition

Application struck out as incompetent with leave to refile within 14 days.

Orders

Revision Labour application number 35/2019 is struck out for being incompetent.
Applicant granted leave to file competent application for revision within 14 days from the date of ruling.

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