olam t ltd vs zakaria d marinya 2020 tzhcld 1808 14 august 2020

The application was struck out because the applicant failed to bring the proper party before the court by misnaming the respondent, which is a fatal defect that cannot be cured by the court.

Citation: olam t ltd vs zakaria d marinya 2020 tzhcld 1808 14 august 2020
Parties: Applicant: OLAM (T) LTD; Respondent: ZAKARIA D. MARINYA
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 14 August 2020
Procedural Posture: Labour Revision / Ruling on Preliminary Objections
Outcome: Application struck out
Legal Topics: Preliminary Objection, Proper Naming of Parties, Defective Application, Jurisdiction, Affidavit Defects
Source Language: English

Labour Law Civil Procedure Preliminary Objection Proper Naming of Parties Defective Application Jurisdiction Affidavit Defects

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 12 Party arguments 2

Parties

OLAM (T) LTD

Applicant

ZAKARIA D. MARINYA

Respondent

Procedural Posture

Labour Revision / Ruling on Preliminary Objections

Legal Issues

1 Whether the application is fatally defective for misnaming the respondent
2 Whether the application is defective for wrong citation of the court
3 Whether the application is defective for wrong citation of legal provisions

Ratio Decidendi

The application was struck out because the applicant failed to bring the proper party before the court by misnaming the respondent, which is a fatal defect that cannot be cured by the court.

Court Disposition

Application struck out

Orders

Application is struck out for being defective due to misnaming the respondent.
Leave is granted to the applicant to file a proper application on or before 31/08/2020.