kitenge shomvi vs the registered trustees of chama cha mapinduzi and3 others 2023 tzhcld 1224 31 march 2023

kitenge shomvi vs the registered trustees of chama cha mapinduzi and3 others 2023 tzhcld 1224 31 march 2023

The application was incompetent as it was wrongly titled, registered, and cited inapplicable rules; it could not be determined through a miscellaneous application and was struck out.

Citation
kitenge shomvi vs the registered trustees of chama cha mapinduzi and3 others 2023 tzhcld 1224 31 march 2023
Parties
Applicant: Kitenge Shomvi; 1st Respondent: The Registered Trustee of Chama Cha Mapinduzi; 2nd Respondent: Umoja wa Wazazi Tanzania; 3rd Respondent: Registered Trustees of Umoja wa Wazazi Tanzania; 4th Respondent: Katibu Mkuu Umoja wa Wazazi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 March 2023
Procedural Posture
Miscellaneous Application / Ruling on Competence and Preliminary Objection
Outcome
Application struck out for incompetence.
Legal Topics
Execution Proceedings, Objection Proceedings, Application Competence, Labour Court Rules
Source Language
English
Labour Law Civil Procedure Execution Proceedings Objection Proceedings Application Competence Labour Court Rules

Case Brief

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Parties

Kitenge Shomvi

Applicant

The Registered Trustee of Chama Cha Mapinduzi

1st Respondent

Umoja wa Wazazi Tanzania

2nd Respondent

Registered Trustees of Umoja wa Wazazi Tanzania

3rd Respondent

Katibu Mkuu Umoja wa Wazazi

4th Respondent

Procedural Posture

Miscellaneous Application / Ruling on Competence and Preliminary Objection

Legal Issues

  1. 1 Whether the application was competently before the court
  2. 2 Whether the application was properly titled and registered
  3. 3 Applicability of cited rules and statutes

Ratio Decidendi

The application was incompetent as it was wrongly titled, registered, and cited inapplicable rules; it could not be determined through a miscellaneous application and was struck out.

Court Disposition

Application struck out for incompetence.

Orders

  • Application struck out.
  • No determination on preliminary objection as application was not properly before the court.