patrick itule vs diamond trust bank t ltd 2020 tzhcld 108 17 july 2020

patrick itule vs diamond trust bank t ltd 2020 tzhcld 108 17 july 2020

The supporting affidavit is incurably defective for failing to state the names, description, and addresses of the parties and the legal issues, contravening Rule 24 (3) (a) and (c) of the Labour Court Rules, rendering the application incompetent.

Citation
patrick itule vs diamond trust bank t ltd 2020 tzhcld 108 17 july 2020
Parties
Applicant: Patrick Itule; Respondent: Diamond Trust Bank (T) Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
17 July 2020
Procedural Posture
Miscellaneous Labour Application / Ruling on Preliminary Objection
Outcome
application struck out
Legal Topics
Extension of Time, Defective Affidavit, Preliminary Objection
Source Language
English
Labour Law Extension of Time Defective Affidavit Preliminary Objection

Case Brief

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Parties

Patrick Itule

Applicant

Diamond Trust Bank (T) Limited

Respondent

Procedural Posture

Miscellaneous Labour Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the supporting affidavit complies with Rule 24 (3) (a), (c), and (d) of the Labour Court Rules
  2. 2 Whether the application is competent before the court

Ratio Decidendi

The supporting affidavit is incurably defective for failing to state the names, description, and addresses of the parties and the legal issues, contravening Rule 24 (3) (a) and (c) of the Labour Court Rules, rendering the application incompetent.

Court Disposition

application struck out

Orders

  • Application struck out for incompetence
  • Leave granted to applicant to re-file proper application on or before 30/07/2020