conrad massawe another vs tanzania national roads agency 2020 tzhcld 12 3 march 2020
The application was struck out due to repeated procedural defects and non-compliance with the Labour Court rules; leave to refile was denied as the court is not a forum for trial and error.
Source-derived case information.
- Citation
- conrad massawe another vs tanzania national roads agency 2020 tzhcld 12 3 march 2020
- Parties
- Applicant: Conrad Massawe; Applicant: Anthony Mahewa; Respondent: Tanzania National Roads Agency
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 3 March 2020
- Procedural Posture
- Labour Revision / Ruling on Preliminary Objection
- Outcome
- application struck out
- Legal Topics
- Preliminary Objection, Striking Out Applications, Leave to Refile
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Conrad Massawe
Applicant
Anthony Mahewa
Applicant
Tanzania National Roads Agency
Respondent
Procedural Posture
Labour Revision / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application is competent before the court
- 2 Whether leave to refile should be granted after repeated defects
Ratio Decidendi
The application was struck out due to repeated procedural defects and non-compliance with the Labour Court rules; leave to refile was denied as the court is not a forum for trial and error.
Court Disposition
application struck out
Orders
- application struck out in toto
- no leave to refile granted
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA LABOUR DIVISION AT DAR ES SALAAM REVISION NO. 316 OF 2019 CONRAD MASSAWE. 1st APPLICANT ANTHONY MAHEWA ,2nd APPLICANT VERSUS TANZANI NATIONAL ROADS AGENCY RESPONDENT RULING Date of last Order: 03/03/2020 Date of Ruling: 03/03/2020 Z.G.Muruke, J. Applicant*filed first application Number 325/2018, that was struck out on 29th March, 2019 with leave of fourteen days to file competent application, following preliminary objection raised by respondent. Today they have filed another incompetent application. Applicant counsel has conceded to the preliminary objection raised by the respondent counsel and request court to struck out with leave to refile. Respondent counsel Luka Shishira, objected leave to refile on the ground of repeated defects. To this court, automatic leave cannot be granted because these are repeated defects as correctly submitted by respondent counsel. This is not trial and error court. Party filing application to this court must/comply with the rules of the Labour court GN No. 106/2007 that prescribe the manner in which application/Revision should be filed. Thus, application is struck out in toto. Ordered accordingly. Z.G.Muruke JUDGE 03/03/2020 Ruling delivered in the presence of John Ntine counsel for applicants and Luka Shishira, in house advocate, for the respondent. Z.G.Muruke JUDGE 20/ 02/2020