joyce mapunda others vs kioo ltd 2020 tzhcld 133 17 july 2020

joyce mapunda others vs kioo ltd 2020 tzhcld 133 17 july 2020

The application is incompetent because the affidavit in support was sworn by a person who had not filed a Notice of Representation and thus had no locus to represent the applicants.

Citation
joyce mapunda others vs kioo ltd 2020 tzhcld 133 17 july 2020
Parties
Applicant: Joyce Mapunda; Applicant: Frank Venance; Applicant: Respius Kamugisha; Applicant: Rajab Ibrahim; Applicant: Marry George; Applicant: Fatuma Mohamed; Applicant: Zubeda Nassor; Applicant: Mariam Shabani Kundo; Respondent: Kioo Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
17 July 2020
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection
Outcome
Application struck out
Legal Topics
Extension of Time, Locus Standi, Affidavit Requirements, Notice of Representation
Source Language
English
Labour Law Civil Procedure Extension of Time Locus Standi Affidavit Requirements Notice of Representation

Case Brief

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Parties

Joyce Mapunda

Applicant

Frank Venance

Applicant

Respius Kamugisha

Applicant

Rajab Ibrahim

Applicant

Marry George

Applicant

Fatuma Mohamed

Applicant

Zubeda Nassor

Applicant

Mariam Shabani Kundo

Applicant

Kioo Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit in support of the application is valid without a proper notice of representation by the deponent
  2. 2 Whether the application is competent in absence of a valid supporting affidavit

Ratio Decidendi

The application is incompetent because the affidavit in support was sworn by a person who had not filed a Notice of Representation and thus had no locus to represent the applicants.

Court Disposition

Application struck out

Orders

  • The application is struck out for want of a proper supporting affidavit.
  • No order as to costs.