FINAL

FINAL

The application was incurably defective for not being signed by the applicant as required by Rule 24(2) of the Labour Court Rules, and for failing to properly name all parties as required by Rule 24(3)(a). The defects go to the root of the application and render it incompetent. Leave to refile was not granted due to the nature of the defects and the risk of futile execution.

Citation
FINAL
Parties
Applicant: Masasi Mtwara Cooperative Union Ltd; Respondents: Potency Domician Rwiza & 2 Others
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
2 May 2023
Procedural Posture
Labour Revision / Ruling on Preliminary Objection
Outcome
Application struck out for incompetence; no leave to refile; no order as to costs.
Legal Topics
Defective Application, Signing of Pleadings, Verification Clause, Proper Parties, Labour Court Rules
Source Language
English
Labour Law Defective Application Signing of Pleadings Verification Clause Proper Parties Labour Court Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Masasi Mtwara Cooperative Union Ltd

Applicant

Potency Domician Rwiza & 2 Others

Respondents

Procedural Posture

Labour Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is incurably defective for contravening Rule 24(2) and (3)(a) of the Labour Court Rules, GN No. 106 of 2007
  2. 2 Whether the verification clause is defective
  3. 3 Whether failure to cite names of parties renders the application incompetent

Ratio Decidendi

The application was incurably defective for not being signed by the applicant as required by Rule 24(2) of the Labour Court Rules, and for failing to properly name all parties as required by Rule 24(3)(a). The defects go to the root of the application and render it incompetent. Leave to refile was not granted due to the nature of the defects and the risk of futile execution.

Court Disposition

Application struck out for incompetence; no leave to refile; no order as to costs.

Orders

  • Application struck out for being incompetent.
  • No leave to refile granted.