20130925 TZHC Dodoma

20130925 TZHC Dodoma

All preliminary objections raised by the respondent and applicant lack merit; the application was filed within time as leave was granted to refile; procedural defects in endorsement and dating of affidavits are not fatal if court records are proper.

Citation
20130925 TZHC Dodoma
Parties
Applicant: Frank Saluhara; Applicant: Charles Nyamko; Respondent: Nyanza Bottling Co. Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 September 2013
Procedural Posture
Labour Revision / Ruling on Preliminary Objections
Outcome
All preliminary objections dismissed.
Legal Topics
Preliminary Objections, Extension of Time, Affidavit Defects, Procedural Compliance
Source Language
English
Labour Law Preliminary Objections Extension of Time Affidavit Defects Procedural Compliance

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Parties

Frank Saluhara

Applicant

Charles Nyamko

Applicant

Nyanza Bottling Co. Ltd

Respondent

Procedural Posture

Labour Revision / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application was filed out of prescribed time
  2. 2 Whether the respondent's notice of opposition was filed under improper legal provisions
  3. 3 Whether the counter affidavit was defective for lack of endorsement

Ratio Decidendi

All preliminary objections raised by the respondent and applicant lack merit; the application was filed within time as leave was granted to refile; procedural defects in endorsement and dating of affidavits are not fatal if court records are proper.

Court Disposition

All preliminary objections dismissed.

Orders

  • Hearing of the revision will proceed on a date to be fixed by the Registrar.