moshi district council vs rose kessy 2015 tzhc 2246 7 may 2015
The application is incompetent due to failure to cite enabling provisions, non-compliance with prescribed forms, and defective affidavit.
- Citation
- moshi district council vs rose kessy 2015 tzhc 2246 7 may 2015
- Parties
- Applicant: Moshi District Council; Respondent: Rose Kessy
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 May 2015
- Procedural Posture
- Labour Revision / Ruling on Preliminary Objection
- Outcome
- Application struck out as incompetent.
- Legal Topics
- Revision Application, Preliminary Objection, Affidavit Defects, Notice of Application Requirements
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2
Parties
Moshi District Council
Applicant
Rose Kessy
Respondent
Procedural Posture
Labour Revision / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the notice of application complies with Rule 24(2) of the Labour Court Rules 2007
- 2 Whether the supporting affidavit is valid and properly deponed
- 3 Whether the application cites the enabling legal provisions
Ratio Decidendi
The application is incompetent due to failure to cite enabling provisions, non-compliance with prescribed forms, and defective affidavit.
Court Disposition
Application struck out as incompetent.
Orders
- Revision application struck out.
Full Case Text
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