magnet construction co ltd vs samson j luambano 2015 tzhc 2201 12 february 2015
Failure to cite the relevant sub-sections and sub-paragraphs of the enabling provisions is fatal and renders the application incompetent; similarly, lack of endorsement on affidavits and notices as required by law renders them defective.
- Citation
- magnet construction co ltd vs samson j luambano 2015 tzhc 2201 12 february 2015
- Parties
- Applicant: Magnet Construction Co. Ltd; Respondent: Samson J. Luambano
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 12 February 2015
- Procedural Posture
- Labour Revision / Ruling on Preliminary Objections
- Outcome
- Application struck out as incompetent
- Legal Topics
- Citation of Enabling Provisions, Affidavit Endorsement, Preliminary Objection, Competence of Application
- Source Language
- English
Case Brief
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Parties
Magnet Construction Co. Ltd
Applicant
Samson J. Luambano
Respondent
Procedural Posture
Labour Revision / Ruling on Preliminary Objections
Legal Issues
- 1 Whether non-citation or incomplete citation of enabling provisions renders the application incompetent
- 2 Whether lack of endorsement on counter affidavit and notice of preliminary objection renders them defective
Ratio Decidendi
Failure to cite the relevant sub-sections and sub-paragraphs of the enabling provisions is fatal and renders the application incompetent; similarly, lack of endorsement on affidavits and notices as required by law renders them defective.
Court Disposition
Application struck out as incompetent
Orders
- Application struck out with no automatic leave to re-file
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