praiseglory kileo vs earthways logistics ltd 2020 tzhcld 28 6 march 2020

praiseglory kileo vs earthways logistics ltd 2020 tzhcld 28 6 march 2020

The affidavit was defective because the verification clause failed to specify the source of information for paragraph 3(iii), which was hearsay, rendering the application incompetent and liable to be struck out.

Citation
praiseglory kileo vs earthways logistics ltd 2020 tzhcld 28 6 march 2020
Parties
Applicant: Praiseglory Kileo; Respondent: Eathways Logistics Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
6 March 2020
Procedural Posture
Labour Revision / Preliminary Objection Ruling
Outcome
Application struck out as incompetent due to defective affidavit.
Legal Topics
Affidavit Defects, Verification Clause, Hearsay Evidence, Procedural Incompetence
Source Language
English
Labour Law Civil Procedure Affidavit Defects Verification Clause Hearsay Evidence Procedural Incompetence

Case Brief

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Parties

Praiseglory Kileo

Applicant

Eathways Logistics Ltd

Respondent

Procedural Posture

Labour Revision / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the applicant's affidavit is defective due to an improper verification clause and inclusion of hearsay evidence
  2. 2 Whether the affidavit's defects render the application incompetent

Ratio Decidendi

The affidavit was defective because the verification clause failed to specify the source of information for paragraph 3(iii), which was hearsay, rendering the application incompetent and liable to be struck out.

Court Disposition

Application struck out as incompetent due to defective affidavit.

Orders

  • Application struck out for being supported by a defective affidavit.
  • Applicant granted leave to re-file the application within 14 days.