rashid salum and another vs darsh industries limited 2023 tzhcld 1377 20 july 2023

The application was struck out for incompetence because the personal representative was not a party to the CMA proceedings and the affidavit did not support the Notice of Application.

Source-derived case information.

Citation: rashid salum and another vs darsh industries limited 2023 tzhcld 1377 20 july 2023
Parties: Applicant: Rashid Salum; Applicant: Ally Mussa Mmanga; Respondent: Darsh Industries Limited
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 20 July 2023
Procedural Posture: Miscellaneous Application / Ruling
Outcome: application struck out
Legal Topics: Extension of Time, Condonation, Representation, Competence of Application
Source Language: english

Labour Law Extension of Time Condonation Representation Competence of Application

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2

Parties

Rashid Salum

Applicant

Ally Mussa Mmanga

Applicant

Darsh Industries Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

1 Whether the application is competent
2 Whether the personal representative can be appointed as an applicant
3 Whether the affidavit supports the Notice of Application

Ratio Decidendi

The application was struck out for incompetence because the personal representative was not a party to the CMA proceedings and the affidavit did not support the Notice of Application.

Court Disposition

application struck out

Orders

application struck out for incompetence

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