20140820 TZHC Dar es Salaam2

20140820 TZHC Dar es Salaam2

Failure to properly and specifically cite the enabling provisions of the law under which the court is moved renders the application incompetent and improperly before the court, warranting its striking out.

Citation
20140820 TZHC Dar es Salaam2
Parties
Applicant: Fulgence Massawe; Respondent: Employer (Respondent)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 August 2014
Procedural Posture
Labour Revision / Ruling on Preliminary Objection Regarding Citation of Enabling Provisions
Outcome
Application struck out as improperly before the court.
Legal Topics
Retrenchment, Revision of Arbitration Award, Proper Citation of Enabling Provisions, Procedural Impropriety
Source Language
English
Labour Law Civil Procedure Retrenchment Revision of Arbitration Award Proper Citation of Enabling Provisions Procedural Impropriety

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Parties

Fulgence Massawe

Applicant

Employer (Respondent)

Respondent

Procedural Posture

Labour Revision / Ruling on Preliminary Objection Regarding Citation of Enabling Provisions

Legal Issues

  1. 1 Whether failure to properly cite enabling provisions renders the application incompetent
  2. 2 Whether the application for revision is properly before the court

Ratio Decidendi

Failure to properly and specifically cite the enabling provisions of the law under which the court is moved renders the application incompetent and improperly before the court, warranting its striking out.

Court Disposition

Application struck out as improperly before the court.

Orders

  • Application struck out for improper citation of enabling provisions.
  • Applicant granted seven (7) days to rectify the anomaly and file a proper application.