20150630 TZCA Shinyanga

20150630 TZCA Shinyanga

The application is incompetent due to failure to properly cite enabling provisions and failure to endorse the affidavit by the advocate; such defects are fatal and the application must be struck out, not withdrawn.

Citation
20150630 TZCA Shinyanga
Parties
Applicant: Bulyanhulu Gold Mine Limited; Respondents: James Katamba & 2 Others
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 June 2015
Procedural Posture
Labour Revision / Ruling on Preliminary Objection/withdrawal
Outcome
Application struck out
Legal Topics
Proper Citation of Enabling Provisions, Endorsement of Pleadings, Competency of Applications
Source Language
English
Labour Law Civil Procedure Proper Citation of Enabling Provisions Endorsement of Pleadings Competency of Applications

Case Brief

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Parties

Bulyanhulu Gold Mine Limited

Applicant

James Katamba & 2 Others

Respondents

Procedural Posture

Labour Revision / Ruling on Preliminary Objection/withdrawal

Legal Issues

  1. 1 Whether failure to properly cite enabling provisions renders the application incompetent
  2. 2 Whether failure to endorse affidavit by advocate renders the application incompetent
  3. 3 Whether the application can be withdrawn or must be struck out

Ratio Decidendi

The application is incompetent due to failure to properly cite enabling provisions and failure to endorse the affidavit by the advocate; such defects are fatal and the application must be struck out, not withdrawn.

Court Disposition

Application struck out

Orders

  • Application struck out in toto with no automatic leave to refile