reli assets holding co ltd vs japhet casmil others 2015 tzhc 2181 20 march 2015

reli assets holding co ltd vs japhet casmil others 2015 tzhc 2181 20 march 2015

The applicant's affidavit was fatally defective for failing to include mandatory statements of legal issues and relief sought as required by Rule 24(3)(c) and (d) of the Labour Court Rules. The omission could not be cured by a separate document or by amendment, as the defect went to the root of the matter. The application was therefore incompetent and had to be struck out. The respondent's counter affidavit contained a clerical error that did not affect its substance and could be corrected.

Citation
reli assets holding co ltd vs japhet casmil others 2015 tzhc 2181 20 march 2015
Parties
Applicant: Reli Assets Holding Co. Ltd; Respondent: Japhet Casmil & 1500 Others
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 March 2015
Procedural Posture
Labour Revision / Ruling on Preliminary Objection
Outcome
Application struck out as incompetent
Legal Topics
Affidavit Requirements, Labour Court Procedure, Preliminary Objection, Defective Affidavit, Application Striking Out
Source Language
English
Labour Law Affidavit Requirements Labour Court Procedure Preliminary Objection Defective Affidavit Application Striking Out

Case Brief

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Parties

Reli Assets Holding Co. Ltd

Applicant

Japhet Casmil & 1500 Others

Respondent

Procedural Posture

Labour Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the applicant's affidavit is defective for not complying with Rule 24(3) of the Labour Court Rules
  2. 2 Whether a separately filed 'statement of legal issues' can cure the omission in the affidavit
  3. 3 Whether the respondent's counter affidavit should be expunged for clerical error

Ratio Decidendi

The applicant's affidavit was fatally defective for failing to include mandatory statements of legal issues and relief sought as required by Rule 24(3)(c) and (d) of the Labour Court Rules. The omission could not be cured by a separate document or by amendment, as the defect went to the root of the matter. The application was therefore incompetent and had to be struck out. The respondent's counter affidavit contained a clerical error that did not affect its substance and could be corrected.

Court Disposition

Application struck out as incompetent

Orders

  • Revision application struck out for being incompetent due to incurably defective affidavit.
  • Applicant granted leave to re-file a competent application within twenty-eight (28) days from 20 March 2015.