issa maulid mangara another vs tanzania railways ltd 2015 tzhc 2180 18 march 2015

The application is fatally defective due to non-citation and wrong citation of enabling provisions of the law, and the affidavit is incurably defective; these are not mere technicalities but go to the root of the matter, warranting striking out the application.

Source-derived case information.

Citation: issa maulid mangara another vs tanzania railways ltd 2015 tzhc 2180 18 march 2015
Parties: Applicant: Issa Maulid Mangara; Applicant: Salehe Kitapwa; Respondent: Tanzania Railways Ltd
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 18 March 2015
Procedural Posture: Labour Revision / Ruling on Preliminary Objection
Outcome: Application struck out; preliminary objection sustained.
Legal Topics: Preliminary Objection, Improper Citation, Defective Affidavit, Procedural Law
Source Language: english

Labour Law Civil Procedure Preliminary Objection Improper Citation Defective Affidavit Procedural Law

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 1

Parties

Issa Maulid Mangara

Applicant

Salehe Kitapwa

Applicant

Tanzania Railways Ltd

Respondent

Procedural Posture

Labour Revision / Ruling on Preliminary Objection

Legal Issues

1 Whether the application is incompetent for improper citation of enabling provisions of the law
2 Whether the affidavit in support of the application is incurably defective

Ratio Decidendi

Court Disposition

Application struck out; preliminary objection sustained.

Orders

Application struck out for procedural defects.
Applicants granted last chance to file a proper application within 28 days.

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