frednand nsakuzi vs director general pcc 2020 tzhc 3247 13 october 2020

frednand nsakuzi vs director general pcc 2020 tzhc 3247 13 october 2020

The application was filed out of time, beyond the six-week statutory limit, without leave for extension. The court lacks jurisdiction to entertain a time-barred application. The other preliminary objections regarding notice of intention and verification clause lack merit and are overruled.

Citation
frednand nsakuzi vs director general pcc 2020 tzhc 3247 13 october 2020
Parties
Applicant: Ferdinand Nsakuzi; Respondent: Director General PCCB
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 October 2020
Procedural Posture
Labour Revision / Ruling on Preliminary Objection
Outcome
application dismissed
Legal Topics
Time Limitation, Notice of Intention to Seek Revision, Verification of Affidavits
Source Language
English
Labour Law Civil Procedure Time Limitation Notice of Intention to Seek Revision Verification of Affidavits

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Parties

Ferdinand Nsakuzi

Applicant

Director General PCCB

Respondent

Procedural Posture

Labour Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is time barred under Section 91(1)(a) of the Employment and Labour Relations Act, 2004
  2. 2 Whether failure to file a notice of intention to seek revision renders the application incompetent
  3. 3 Whether the verification clause in the affidavit is defective for not verifying subparagraphs

Ratio Decidendi

The application was filed out of time, beyond the six-week statutory limit, without leave for extension. The court lacks jurisdiction to entertain a time-barred application. The other preliminary objections regarding notice of intention and verification clause lack merit and are overruled.

Court Disposition

application dismissed

Orders

  • The application is dismissed for being time barred.