crdb bank plc vs syvester samson mboje 2023 tzhcld 1401 18 august 2023

crdb bank plc vs syvester samson mboje 2023 tzhcld 1401 18 august 2023

The application for extension of time to file revision is incompetent because the required CMA Form No. 10 was filed out of time without prior leave of the court, rendering it invalid. Abandoning the prayer for extension of time to file the notice of intention to seek revision did not cure this defect. The application suffers the same procedural defect as the previous application that was struck out for lack of a validly filed CMA Form No. 10.

Citation
crdb bank plc vs syvester samson mboje 2023 tzhcld 1401 18 august 2023
Parties
Applicant: CRDB Bank PLC; Respondent: Sylvester Samson Mboje
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
18 August 2023
Procedural Posture
Miscellaneous Labour Application / Ruling on Application for Extension of Time to File Revision
Outcome
Application struck out as incompetent
Legal Topics
Extension of Time, Unfair Termination, Jurisdiction, Procedural Compliance
Source Language
English
Labour Law Civil Procedure Extension of Time Unfair Termination Jurisdiction Procedural Compliance

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Parties

CRDB Bank PLC

Applicant

Sylvester Samson Mboje

Respondent

Procedural Posture

Miscellaneous Labour Application / Ruling on Application for Extension of Time to File Revision

Legal Issues

  1. 1 Whether the application for extension of time to file revision is competent without a validly filed CMA Form No. 10
  2. 2 Whether the abandonment of the prayer for extension of time to file notice of intention to seek revision is permissible
  3. 3 Whether the written submissions were filed out of time

Ratio Decidendi

The application for extension of time to file revision is incompetent because the required CMA Form No. 10 was filed out of time without prior leave of the court, rendering it invalid. Abandoning the prayer for extension of time to file the notice of intention to seek revision did not cure this defect. The application suffers the same procedural defect as the previous application that was struck out for lack of a validly filed CMA Form No. 10.

Court Disposition

Application struck out as incompetent