19970515 TZHC Dar es Salaam

I "' J!/c '~ . , /1/j#</M<,Y- ' ~ ) ~ IN THE HIGH COURT OF TANZA}HA ( DAR ES SALAAM DISTRICT REGISTRY ) . _______ES,._,_._SALA.l\.M AT DAR _.,,..__,. . .... _____ MISC. _ crv .c~E.N0.9)/25 OTTU ( ON BEHALF OF J .Kli"IARO & 163 01filRS 0000000\;IOOOOOOOOO APPLICAN"rS V,'i:RSUS TAN'.6.AN.IA HOUSING BANK 0000000 llliSPONDENT R U L I N G• .. ....---......-..a. ..6...-....- MSUMI r Cl\ 1 J. i,j ..... The matter started as employment case filed in the Industrial Court ~ of Tanzania by the applicants. In that case applicants were chal~enging the decision ~f their employee, ·the respondent,of retrenching them. The case was diRmised. In the present p~oceedings the applicants are asking for an extention of time to appeal to this court against the said - decision of the Industrial Court of Tanzania. The re,13pondent which is represented by Mr Kalo}~, advocate is contesting the application. . ~ Apart from arguing that applicants have neg adduced sufficient reasons explaining the delay to file ·the appeal within the prescribed satutory period, the learned counsel for_ the respondent raised two legal issues against the ar~lication. First he contended that the affid- avit of Victor Alfred Mlanzi purporting to support the application is incurably defective for n~t having verificat~on clause. And secondly since an appeal to this court against the judgment of the Indust~ial C•urt is <llllyt-confined to allegation related to lack of jurisdiction, applicants should have attached to the chamber summons copy of the memerandum of ··· · intended apr~al so that the court could know wheth~r or not the applicants were chal:i_r--.-1..ing the jurisdiction of the trial Cl'.\llrto Ste,..,.+--'. ·-•~ +-h the first issue it is quite clear that the said affidavit does not con,·ain verificati"'n• Taking into account the nature of the matter deponed,the d~ponent cannot claim that the same were from his own knowledge. •rhey mu:c:+ ,_ - · ~-"rl •m information hence the necessity to reveal the sourse o.f the said informationo For example the deponent claims that later on after the judgment was delivered he came to learn that one Job Mwarnbuma who had hP"'n n-,...cr-cuting the case ,gn their behalf had died and that'the matter had · · - <>c;1=,i.gned to one Jr>nathan before the applicants decided tp... en~age a privat. advocateo It is further deponed that the applicantis former .. advocate one Mhi ,.a went Abroad for studies. All these assertions must· be based on in~,...r~~- ion whose s~urce ought to have been revealedo . . The second ~-~~:.:..'.) is equally formidable o In considering this application, it is relevant f ~ this court t~ satisfy itself that the intended a~peal is based on the allegation of lack of jurisdiction as the law pro~ides. I - 2 - .._ 2 The only wey the court could be able to satisfy itself on this question is by going through .the memorandum of the intended appeal. The· availability of the said copy of .memorandum of intended appeal is even more necessary when taking into account that neither the affidavit nor the oral submission of the eounsel for the applicants ch~lenge the jurisdiction of the Industrial Court. From the above observations this ~ourt is of the respectful opinion that the application is not legally tenable. It is- accordingly dismissed with cost~. For the ApplicaJ!l-:-,.· Mkumbi For the Respondent Kalolo.