kunal jagdish vaghela vs salehe mushehe kibwana and another 2021 tzhcld 506 26 november 2021

kunal jagdish vaghela vs salehe mushehe kibwana and another 2021 tzhcld 506 26 november 2021

The court found that the applicant and the 2nd respondent are the same person and that the misnaming was a misnomer, not affecting the substance of the proceedings. The court applied the doctrine of misnomer to correct the name and ordered that execution proceed against the corrected name.

Citation
kunal jagdish vaghela vs salehe mushehe kibwana and another 2021 tzhcld 506 26 november 2021
Parties
Applicant: Kunal Jagdish Vaghela; 1st Respondent: Salehe Mushehe Kibwana; 2nd Respondent: Kunal Maganlal
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
26 November 2021
Procedural Posture
Miscellaneous Application / Ruling on Application to Be Relieved From Execution Proceedings
Outcome
Application dismissed
Legal Topics
Execution of Awards, Misnomer, Correction of Party Names, Employer Employee Dispute
Source Language
English
Labour Law Civil Procedure Execution of Awards Misnomer Correction of Party Names Employer Employee Dispute

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Parties

Kunal Jagdish Vaghela

Applicant

Salehe Mushehe Kibwana

1st Respondent

Kunal Maganlal

2nd Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Be Relieved From Execution Proceedings

Legal Issues

  1. 1 Whether the applicant and the 2nd respondent are the same person for purposes of execution proceedings
  2. 2 Whether the execution proceedings should be dismissed due to misnomer

Ratio Decidendi

The court found that the applicant and the 2nd respondent are the same person and that the misnaming was a misnomer, not affecting the substance of the proceedings. The court applied the doctrine of misnomer to correct the name and ordered that execution proceed against the corrected name.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • The name of the respondent in the exparte award and execution application is corrected to 'Kunal Maganlal @ Kunal Jagdish Vaghela'.