ndovu resources ltd vs thierry murcia 2022 tzhcld 736 16 august 2022
The notice of application is defective as it was signed by the advocate instead of the party bringing the application, contrary to Rule 24(2) of the Labour Court Rules, GN. No. 106 of 2007. The application is struck out with leave to refile within seven days.
- Citation
- ndovu resources ltd vs thierry murcia 2022 tzhcld 736 16 august 2022
- Parties
- Applicant: Ndovu Resources Limited; Respondent: Thierry Murcia
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 16 August 2022
- Procedural Posture
- Labour Revision / Preliminary Objection Ruling
- Outcome
- Application struck out as incompetent with leave to refile within seven days.
- Legal Topics
- Defective Notice of Application, Signing of Court Documents, Overriding Objective Principle
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Ndovu Resources Limited
Applicant
Thierry Murcia
Respondent
Procedural Posture
Labour Revision / Preliminary Objection Ruling
Legal Issues
- 1 Whether the notice of application is competent when signed by an advocate instead of the party bringing the application
Ratio Decidendi
The notice of application is defective as it was signed by the advocate instead of the party bringing the application, contrary to Rule 24(2) of the Labour Court Rules, GN. No. 106 of 2007. The application is struck out with leave to refile within seven days.
Court Disposition
Application struck out as incompetent with leave to refile within seven days.
Orders
- Application struck out for incompetence.
- Applicant granted seven days leave to file a proper application on or before 23rd August, 2022.
Full Case Text
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