20130730 TZHC Mwanza

20130730 TZHC Mwanza

The application is incompetent due to wrong citation of enabling provisions and a defective jurat of attestation; the proper remedy is to strike out the application.

Citation
20130730 TZHC Mwanza
Parties
Applicant: Joseph C. Magesa; Respondent: Tanzania Breweries
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 July 2013
Procedural Posture
Labour Revision / Ruling on Preliminary Objection
Outcome
Application struck out; extension of time granted.
Legal Topics
Wrong Citation of Law, Affidavit Defects, Extension of Time, Preliminary Objection
Source Language
English
Labour Law Civil Procedure Wrong Citation of Law Affidavit Defects Extension of Time Preliminary Objection

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Parties

Joseph C. Magesa

Applicant

Tanzania Breweries

Respondent

Procedural Posture

Labour Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether wrong citation of enabling provision renders the application incompetent
  2. 2 Whether a defective jurat of attestation invalidates the affidavit
  3. 3 Whether extension of time should be granted

Ratio Decidendi

The application is incompetent due to wrong citation of enabling provisions and a defective jurat of attestation; the proper remedy is to strike out the application.

Court Disposition

Application struck out; extension of time granted.

Orders

  • Application struck out for incompetence due to wrong citation and defective affidavit.
  • Applicant granted 14 days extension to file a proper application for revision of the CMA award dated 3/1/2012.