dhl tanzania ltd vs nyamoko miyasi nyamoko 2020 tzhcld 125 14 july 2020
Failure to comply with mandatory affidavit requirements under Rule 24(3)(c)&(d) renders the application incompetent and liable to be struck out.
Source-derived case information.
- Citation
- dhl tanzania ltd vs nyamoko miyasi nyamoko 2020 tzhcld 125 14 july 2020
- Parties
- Applicant: DHL Tanzania Limited; Respondent: Nyamoko Miyasi Nyamoko
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 14 July 2020
- Procedural Posture
- Labour Revision / Ruling on Preliminary Objection/competency
- Outcome
- application struck out with leave to refile
- Legal Topics
- Affidavit Requirements, Application for Revision, Procedural Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DHL Tanzania Limited
Applicant
Nyamoko Miyasi Nyamoko
Respondent
Procedural Posture
Labour Revision / Ruling on Preliminary Objection/competency
Legal Issues
- 1 Whether the affidavit in support of the application complies with Rule 24(3)(c)&(d) of the Labour Court Rules GN No. 106/2007
- 2 Whether non-compliance renders the application incompetent
Ratio Decidendi
Failure to comply with mandatory affidavit requirements under Rule 24(3)(c)&(d) renders the application incompetent and liable to be struck out.
Court Disposition
application struck out with leave to refile
Orders
- Revision application number 731/2018 is struck out.
- Applicant granted 7 days leave from 15 July 2020 to file a competent application for revision.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA LABOUR DIVISION AT DAR ES SALAAM REVISION NO. 731 OF 2018 DHL TANZANIA LIMITED................................... APPLICANT VERSUS NYAMOKO MIYASI NYAMOKO......................... RESPONDENT RULING Date of Last Order: 14/07/2020 Date of Ruling: 14/07/2020 Z.G.MurukeJ Affidavit in support of the application sworn by applicant counsel, contravenes Rule 24(3)(c)& (d) of the Labour Court Rules GN No. 106/2007. Applicant counsel conceded to the a normally, and requested the court to struck out the application with leave to refile competent application for revision, within seven days. Respondent counsel Deogratius Godfrey did not object to the prayer for leave to refile. It is worth noting that, Rule 24(3)(c)&(d) of the labour Court Rules GN 106/2007 is coached in mandatory language. Same read as follows. 24(3) the application shall be supported by an affidavit, which shall clearly and concisely set out:- (*; (b) (c) Statement of legal issues that arise from the material facts (d) The reliefsought The above are the requirement, of the Labour Court Rules that are used in the hearing of Labour cases as specialized court. Thus deponent must follow the same. Since applicant did not follow the rules, the affidavit is defective. Therefore application for revision is incompetent, deserve to be struck out. Accordingly revision application number 731/2018 is struck out. For interest of justice, applicant is granted 7 days leave to file competent application for revision from 15 of July, 2020. This is last opportunity for applicant to rectify the a normally. JUDGE 14/07/2020 Ruling delivered in presence of Gwamaka Mwaikugile Advocate, for applicant and Deogratius Godfrey Advocate, for the respondent. Z.G.Muruke JUDGE 14/07/2020