national bank of commerce ltd vs sabas kessy 2020 tzhcld 127 13 july 2020
- Citation
- national bank of commerce ltd vs sabas kessy 2020 tzhcld 127 13 july 2020
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TANZLII
- Decision
- 13 July 2020
- Posture
- Revision / Ruling on Preliminary Objection
- Language
- English
More details
- Court
- TANZLII
- Decision
- 13 July 2020
- Posture
- Revision / Ruling on Preliminary Objection
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The application is incompetent because the supporting affidavit does not set out the relief sought, contravening Rule 24(3)(d) of the Labour Court Rules GN No. 106/2007.
Court disposition
Application struck out with leave to refile within seven days.
Orders
- Application struck out for being incompetent.
- Applicant granted seven days leave to file a proper application on or before 20th July, 2020.
02
Material facts
Parties
National Bank of Commerce Ltd
Applicant Counsel: Evod MushiSabas Kessy
Respondent03
Procedural history
Posture
Revision / Ruling on Preliminary Objection
04
Questions and positions
Legal issues
Whether the affidavit in support of the application complies with Rule 24(3)(d) of the Labour Court Rules GN No. 106/2007
Party arguments
- Applicant
- Conceded to the anomaly in the affidavit and requested the application be struck out with leave to refile.
- Respondent
- Did not object to the application being struck out but complained about the delay in the case.
05
Court’s reasoning
Legal principles
- 01
Rule 24(3)(d) of the Labour Court Rules GN No. 106/2007
Affidavit in support of an application must clearly and concisely set out the relief sought as required by Rule 24(3)(d) of the Labour Court Rules GN No. 106/2007.
06
Ratio, limits and disposition
Ratio decidendi
The application is incompetent because the supporting affidavit does not set out the relief sought, contravening Rule 24(3)(d) of the Labour Court Rules GN No. 106/2007.
Obiter and limits
- Labour Court as a specialized court must be guided by its own laws and rules to achieve its purpose.
Court disposition
Application struck out with leave to refile within seven days.
- Application struck out for being incompetent.
- Applicant granted seven days leave to file a proper application on or before 20th July, 2020.
Source and reliance status
TANZLII · 13 July 2020
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TANZLII
Judgment· 13 July 2020
IN THE HIGH COURT OF TANZANIA
LABOUR DIVISION
AT DAR ES SALAAM REVISION NO. 884 OF 2018 NATIONAL BANK OF COMMERCE LTD................. APPLICANT
VERSUS SABAS KESSY................................................. RESPONDENT
RULING Date of Last Order: 13/07/2020 Date of Ruling: 13/07/2020 Z.G.Muruke. J. When case came for hearing, court raised issue of none compliance of Rule 24(3)(d) in the affidavit in support of the application. Mr. Evod Mushi for the applicant conceded to the anomaly, and requested the court to struck out the application with leave to refile competent application. Respondent, who was in person did not object, only complained of the case taking too long. According to the records affidavit in support of the applications lacks prayer for relief sought contrary to Rule 24(3)(d) of the Labour Court Rules GN No. 106/2007. The said Rule requires affidavit before this court proceedings to set out relief clearly. Rule 24(3)(d) read that, the application shall be supposed by an affidavit, which shall clearly and concisely set out:- (a). (b). (c). (d) reliefsought Labour Court as specialized court, and Division of the High Court has it is Labour laws and Rules enacted with the aim of guiding the labour Court to achieve its purpose. Therefore deponent must follow the same. Since applicant did not follow the rules, the affidavit is defective which cannot support application. Thus, application is incompetent, cannot be left to stand. In short, revision application is incompetent for being accompanied by defective affidavit that contravened Rule 24(3)(d) of the Labour Court Rules GN 106/2007. Accordingly application struck out. For interest of justice and being guided by Rule 55(1)&(2) of the Labour Court Rules, applicant is granted seven days leave to file proper application. Same to be filed on or before 20th July, 2020. Z.G.Muruke
JUDGE 13/07/2020 Ruling delivered in the presence of Evod Mushi for the applicant and respondent in person. Z.G.Muruke
JUDGE 13/07/2020 2
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