20150615 TZHC Tabora

20150615 TZHC Tabora

The affidavit in support of the application does not contravene Rule 24(3)(c) of the Labour Court Rules, as paragraph 9 (i)-(ix) contains legal issues warranting revision. The grounds raised can fall within Section 91(2) of the Employment and Labour Relations Act for revision of the CMA award.

Citation
20150615 TZHC Tabora
Parties
Applicant: Reli Assets Holding Company Ltd; Respondents: Japhet Casmir Mkoba and 1500 Others
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 June 2015
Procedural Posture
Labour Revision / Ruling on Preliminary Objection
Outcome
Preliminary Objection dismissed
Legal Topics
Defective Affidavit, Preliminary Objection, Revision Procedure
Source Language
English
Labour Law Defective Affidavit Preliminary Objection Revision Procedure

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Parties

Reli Assets Holding Company Ltd

Applicant

Japhet Casmir Mkoba and 1500 Others

Respondents

Procedural Posture

Labour Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the supporting affidavit is defective for lacking a statement of legal issues as required by Rule 24(3)(c) of the Labour Court Rules
  2. 2 Whether the affidavit contravenes Section 91(2) of the Employment and Labour Relations Act

Ratio Decidendi

The affidavit in support of the application does not contravene Rule 24(3)(c) of the Labour Court Rules, as paragraph 9 (i)-(ix) contains legal issues warranting revision. The grounds raised can fall within Section 91(2) of the Employment and Labour Relations Act for revision of the CMA award.

Court Disposition

Preliminary Objection dismissed

Orders

  • Hearing of the application to proceed on merit