daud godfrey macha vs mek one general traders 2020 tzhcld 52 22 may 2020

daud godfrey macha vs mek one general traders 2020 tzhcld 52 22 may 2020

The affidavit in support of a Labour Court application must set out the reliefs sought as mandated by Rule 24(3)(d) of the Labour Court Rules, 2007. Therefore, including prayers in the affidavit does not render it defective in this context, and the Civil Procedure Code is inapplicable where the Labour Court Rules...

Source-derived case information.

Citation
daud godfrey macha vs mek one general traders 2020 tzhcld 52 22 may 2020
Parties
Applicant: Daud Godfrey Macha; Respondent: Mek One General Traders
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
22 May 2020
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection
Outcome
Preliminary Objection dismissed
Legal Topics
Affidavit Requirements, Application for Restoration, Preliminary Objection, Labour Court Procedure
Source Language
english
Labour Law Civil Procedure Affidavit Requirements Application for Restoration Preliminary Objection Labour Court Procedure

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Parties

Daud Godfrey Macha

Applicant

Mek One General Traders

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the applicant's affidavit is incurably defective for containing prayers contrary to the law

Ratio Decidendi

The affidavit in support of a Labour Court application must set out the reliefs sought as mandated by Rule 24(3)(d) of the Labour Court Rules, 2007. Therefore, including prayers in the affidavit does not render it defective in this context, and the Civil Procedure Code is inapplicable where the Labour Court Rules provide specific procedures.

Court Disposition

Preliminary Objection dismissed

Orders

  • Preliminary Objection dismissed
  • Hearing of the application to proceed on merits