ombeni mwidete and another vs one acre fund tanzania 2021 tzhc 9207 14 december 2021

ombeni mwidete and another vs one acre fund tanzania 2021 tzhc 9207 14 december 2021

The application was struck out as incompetent due to cumulative non-compliance with mandatory procedural requirements: failure to include names, description, and address of parties and legal issues in the affidavit, defective verification clauses, and lack of endorsement by the advocate. These defects are fatal and render the application incapable of being acted upon by the court.

Citation
ombeni mwidete and another vs one acre fund tanzania 2021 tzhc 9207 14 december 2021
Parties
Applicant: Ombeni Mwidete & One Another; Respondent: One Acre Fund (Tanzania)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 December 2021
Procedural Posture
Labour Revision / Preliminary Objection Ruling
Outcome
Application struck out as incompetent
Legal Topics
Affidavit Defects, Verification Clause, Wrong Citation of Law, Endorsement by Advocate, Procedural Compliance
Source Language
English
Labour Law Civil Procedure Affidavit Defects Verification Clause Wrong Citation of Law Endorsement by Advocate Procedural Compliance

Case Brief

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Parties

Ombeni Mwidete & One Another

Applicant

One Acre Fund (Tanzania)

Respondent

Procedural Posture

Labour Revision / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the application is incompetent for non-compliance with Rule 24(1) and (2) of the Labour Court Rules
  2. 2 Whether the verification clause in the affidavits is defective
  3. 3 Whether wrong citation of the enabling law renders the application incompetent

Ratio Decidendi

The application was struck out as incompetent due to cumulative non-compliance with mandatory procedural requirements: failure to include names, description, and address of parties and legal issues in the affidavit, defective verification clauses, and lack of endorsement by the advocate. These defects are fatal and render the application incapable of being acted upon by the court.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out
  • No order as to costs