crdb bank plc vs sylvester samson mboje 2023 tzhcld 1459 11 october 2023

crdb bank plc vs sylvester samson mboje 2023 tzhcld 1459 11 october 2023

The application is incompetent because the supporting affidavit contains information from another person who did not swear an affidavit, rendering the relevant paragraphs hearsay and expunged. Without valid grounds for delay in the affidavit, the application cannot be entertained.

Citation
crdb bank plc vs sylvester samson mboje 2023 tzhcld 1459 11 october 2023
Parties
Applicant: CRDB Bank PLC; Respondent: Sylvester Samson Mboje
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
11 October 2023
Procedural Posture
Miscellaneous Labour Application / Ruling on Preliminary Objections
Outcome
Application struck out for incompetence
Legal Topics
Extension of Time, Affidavit Requirements, Functus Officio, Striking Out Applications
Source Language
English
Labour Law Civil Procedure Extension of Time Affidavit Requirements Functus Officio Striking Out Applications

Case Brief

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Parties

CRDB Bank PLC

Applicant

Sylvester Samson Mboje

Respondent

Procedural Posture

Miscellaneous Labour Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the court is functus officio to entertain the application for extension of time to file CMA Form No. 10
  2. 2 Whether the supporting affidavit is incurably defective for lack of corroborating affidavit from the person mentioned therein

Ratio Decidendi

The application is incompetent because the supporting affidavit contains information from another person who did not swear an affidavit, rendering the relevant paragraphs hearsay and expunged. Without valid grounds for delay in the affidavit, the application cannot be entertained.

Court Disposition

Application struck out for incompetence

Orders

  • Application struck out for being incompetent
  • Each party to bear their own costs