james daniel vs cats net ltd 2018 tzhcld 27 13 april 2018

james daniel vs cats net ltd 2018 tzhcld 27 13 april 2018

The supporting affidavit lacked a statement of legal issues as required by Rule 24(3)(c) of the Labour Court Rules, 2007, and the jurat of attestation failed to disclose how the deponent was identified to the Commissioner for Oaths, contrary to Section 10 of Cap.34. These defects are incurable and render the application incompetent.

Citation
james daniel vs cats net ltd 2018 tzhcld 27 13 april 2018
Parties
Applicant: James Daniel; Respondent: CATS-NET Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
13 April 2018
Procedural Posture
Labour Revision / Ruling on Preliminary Objection
Outcome
Application struck out as incompetent
Legal Topics
Affidavit Defects, Preliminary Objection, Jurisdiction, Revision Applications
Source Language
English
Labour Law Civil Procedure Affidavit Defects Preliminary Objection Jurisdiction Revision Applications

Case Brief

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Parties

James Daniel

Applicant

CATS-NET Limited

Respondent

Procedural Posture

Labour Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit in support of the revision application is incurably defective for non-compliance with mandatory legal requirements
  2. 2 Whether the application is incompetent due to procedural defects in the affidavit and supporting documents

Ratio Decidendi

The supporting affidavit lacked a statement of legal issues as required by Rule 24(3)(c) of the Labour Court Rules, 2007, and the jurat of attestation failed to disclose how the deponent was identified to the Commissioner for Oaths, contrary to Section 10 of Cap.34. These defects are incurable and render the application incompetent.

Court Disposition

Application struck out as incompetent

Orders

  • The application is struck out for being supported by an incurably defective affidavit.