christopher edward mapunda vs world islamic propagation and humanitarian services 2023 tzhcld 1430 3 october 2023

christopher edward mapunda vs world islamic propagation and humanitarian services 2023 tzhcld 1430 3 october 2023

The application is incompetent for failure to comply with mandatory procedural requirements, specifically for a fatally defective affidavit lacking required contents and for citing contradictory legal provisions, thus the court was not properly moved to exercise its revisional power.

Citation
christopher edward mapunda vs world islamic propagation and humanitarian services 2023 tzhcld 1430 3 october 2023
Parties
Applicant: Christopher Edward Mapunda; Respondent: World Islamic Propagation and Humanitarian Services
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
3 October 2023
Procedural Posture
Labour Revision Application / Ruling on Preliminary Objections
Outcome
Application struck out
Legal Topics
Defective Affidavit, Wrong Citation of Law, Non Compliance With Procedural Rules, Preliminary Objections
Source Language
English
Labour Law Civil Procedure Defective Affidavit Wrong Citation of Law Non Compliance With Procedural Rules Preliminary Objections

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Christopher Edward Mapunda

Applicant

World Islamic Propagation and Humanitarian Services

Respondent

Procedural Posture

Labour Revision Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the applicant's affidavit is fatally defective for non-compliance with Rule 24(3)(a), (c), and (d) of the Labour Court Rules, G.N No. 106 of 2007
  2. 2 Whether the application is incompetent for citing contradictory provisions of law (Rule 26 and Rule 28)
  3. 3 Whether failure to file an index contravenes Rule 46(1), (2), and (3) of the Labour Court Rules

Ratio Decidendi

The application is incompetent for failure to comply with mandatory procedural requirements, specifically for a fatally defective affidavit lacking required contents and for citing contradictory legal provisions, thus the court was not properly moved to exercise its revisional power.

Court Disposition

Application struck out

Orders

  • The application is struck out for incompetence with no order as to costs.