mariam khairuddin vs glenrich transportation co ltd 2020 tzhcld 3814 18 december 2020
The affidavit supporting the application was affirmed by a person different from the applicant, constituting an incurable defect in the jurat of attestation, which goes to the root of the application and warrants striking out the application.
- Citation
- mariam khairuddin vs glenrich transportation co ltd 2020 tzhcld 3814 18 december 2020
- Parties
- Applicant: Mariam Khairuddin; Respondent: Glenrich Transportation Co. Ltd.
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 18 December 2020
- Procedural Posture
- Labour Revision / Ruling on Preliminary Objection
- Outcome
- Application struck out
- Legal Topics
- Affidavit Defects, Jurat of Attestation, Verification Clause, Labour Court Rules
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mariam Khairuddin
Applicant
Glenrich Transportation Co. Ltd.
Respondent
Procedural Posture
Labour Revision / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the applicant's affidavit is incurably defective for contravening Rule 24(3)(c) and (d) of the Labour Court Rules
- 2 Whether the affidavit is defective due to improper jurat of attestation
- 3 Whether the affidavit is defective due to improper verification clause
Ratio Decidendi
The affidavit supporting the application was affirmed by a person different from the applicant, constituting an incurable defect in the jurat of attestation, which goes to the root of the application and warrants striking out the application.
Court Disposition
Application struck out
Orders
- Leave granted to applicant to file proper application on or before 04/01/2021
Full Case Text
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