said choki vs dar es salaam development corporation 2020 tzhcld 3790 11 november 2020
The affidavit and notice of application substantially comply with the legal requirements; procedural omissions did not cause injustice to the respondent, and the cited provisions sufficiently move the court. Therefore, the preliminary objection lacks merit.
- Citation
- said choki vs dar es salaam development corporation 2020 tzhcld 3790 11 november 2020
- Parties
- Applicant: Said Choki; Respondent: Dar Es Salaam Development Corporation
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 11 November 2020
- Procedural Posture
- Labour Revision / Ruling on Preliminary Objection
- Outcome
- Preliminary objection overruled
- Legal Topics
- Defective Affidavit, Notice of Application, Preliminary Objection, Jurisdiction, Procedural Compliance
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Said Choki
Applicant
Dar Es Salaam Development Corporation
Respondent
Procedural Posture
Labour Revision / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the affidavit in support of the application is defective under Rule 24(3) of the Labour Court Rules, 2007
- 2 Whether the notice of application is bad in law for being brought under the wrong provision and for procedural omissions
Ratio Decidendi
The affidavit and notice of application substantially comply with the legal requirements; procedural omissions did not cause injustice to the respondent, and the cited provisions sufficiently move the court. Therefore, the preliminary objection lacks merit.
Court Disposition
Preliminary objection overruled
Orders
- Application to proceed to hearing on merits
Full Case Text
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