kasian lushinge vs manager aspen hotel ltd 2006 tzhc 272 11 december 2006

kasian lushinge vs manager aspen hotel ltd 2006 tzhc 272 11 december 2006

While the trial court was correct in holding the counter affidavit defective, it erred in proceeding ex parte without giving the respondent an opportunity to file a proper affidavit. The interests of justice required the court to allow rectification of the defect.

Citation
kasian lushinge vs manager aspen hotel ltd 2006 tzhc 272 11 december 2006
Parties
Appellant: Kasian Lushinge; Respondent: Manager Aspen Hotel Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 December 2006
Procedural Posture
Miscellaneous Civil Appeal / Judgment on Appeal
Outcome
appeal partly allowed
Legal Topics
Defective Affidavit, Ex Parte Proceedings, Jurisdiction of Ordinary Courts, Stay of Execution, Labour Board Decisions
Source Language
English
Civil Procedure Labour Law Defective Affidavit Ex Parte Proceedings Jurisdiction of Ordinary Courts Stay of Execution Labour Board Decisions

Case Brief

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Parties

Kasian Lushinge

Appellant

Manager Aspen Hotel Ltd

Respondent

Procedural Posture

Miscellaneous Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court erred in holding the counter affidavit defective due to a faulty jurat
  2. 2 Whether the consequence of a defective jurat is to proceed ex parte against the respondent
  3. 3 Whether the court should have exercised discretion to allow filing of a proper affidavit

Ratio Decidendi

While the trial court was correct in holding the counter affidavit defective, it erred in proceeding ex parte without giving the respondent an opportunity to file a proper affidavit. The interests of justice required the court to allow rectification of the defect.

Court Disposition

appeal partly allowed

Orders

  • Trial court ex parte proceedings and judgment quashed
  • Appellant (respondent in lower court) given one month to file amended counter affidavit