efc microfinance bank limited vs happy richard 2021 tzhcld 447 22 october 2021

efc microfinance bank limited vs happy richard 2021 tzhcld 447 22 october 2021

The affidavit in support of the application was attested by a person with interest in the matter, rendering it incurably defective and in contravention of Section 7 of the Notaries Public and Commissioner for Oaths Act; without a valid affidavit, the application is incompetent and must be struck out.

Citation
efc microfinance bank limited vs happy richard 2021 tzhcld 447 22 october 2021
Parties
Applicant: EFC Microfinance Bank Limited; Respondent: Happy Richard
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
22 October 2021
Procedural Posture
Labour Revision / Ruling on Preliminary Objections
Outcome
application struck out
Legal Topics
Preliminary Objection, Affidavit Defects, Legal Existence of Parties, Attestation Requirements
Source Language
English
Labour Law Civil Procedure Preliminary Objection Affidavit Defects Legal Existence of Parties Attestation Requirements

Case Brief

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Parties

EFC Microfinance Bank Limited

Applicant

Happy Richard

Respondent

Procedural Posture

Labour Revision / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the applicant is a non-existing entity and thus incompetent to institute proceedings
  2. 2 Whether the affidavit in support of the application is incurably defective for contravening attestation requirements under the Notaries Public and Commissioner for Oaths Act
  3. 3 Whether the affidavit fails to comply with Rule 24(3)(a)(b) of the Labour Court Rules

Ratio Decidendi

The affidavit in support of the application was attested by a person with interest in the matter, rendering it incurably defective and in contravention of Section 7 of the Notaries Public and Commissioner for Oaths Act; without a valid affidavit, the application is incompetent and must be struck out.

Court Disposition

application struck out

Orders

  • Affidavit in support of the application expunged from the record
  • Application struck out for want of a valid affidavit