paradise business college vs ruth f samila 2020 tzhcld 4 31 august 2020

The use of 'shall' in Rule 24(1) of GN No. 106 of 2007 is mandatory, and failure to comply with its requirements renders the application incompetent.

Source-derived case information.

Citation: paradise business college vs ruth f samila 2020 tzhcld 4 31 august 2020
Parties: Applicant: Paradise Business College; Respondent: Ruth F. Samila
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 31 August 2020
Procedural Posture: Labour Revision / Preliminary Objection Ruling
Outcome: Application struck out
Legal Topics: Application Procedure, Preliminary Objection, Notice of Application, Mandatory Statutory Requirements
Source Language: english

Labour Law Civil Procedure Application Procedure Preliminary Objection Notice of Application Mandatory Statutory Requirements

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2

Parties

Paradise Business College

Applicant

Ruth F. Samila

Respondent

Procedural Posture

Labour Revision / Preliminary Objection Ruling

Legal Issues

1 Whether the application is incompetent for contravening Rule 24(1) and (2) of the Labour Court Rules GN No. 106 of 2007

Ratio Decidendi

The use of 'shall' in Rule 24(1) of GN No. 106 of 2007 is mandatory, and failure to comply with its requirements renders the application incompetent.

Court Disposition

Application struck out

Orders

The application for revision is struck out.
No order as to costs.

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