20131011 TZHC Arusha
Failure to cite Section 91(1) of the Employment and Labour Relations Act No. 6/2004 as the enabling provision rendered the application incompetent and incapable of moving the court.
Source-derived case information.
- Citation
- 20131011 TZHC Arusha
- Parties
- Applicant: Said Juma Shekimweri; Respondent: M/S Mount Meru Hotel
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 11 October 2013
- Procedural Posture
- Labour Revision / Ruling on Preliminary Objection
- Outcome
- application struck out as incompetent
- Legal Topics
- Revision of CMA Award, Proper Citation of Enabling Provisions, Competency of Application
- Source Language
- english
Labour Law Civil Procedure Revision of CMA Award Proper Citation of Enabling Provisions Competency of Application
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Summary, issues, holding and outcome
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Parties
Said Juma Shekimweri
Applicant
M/S Mount Meru Hotel
Respondent
Procedural Posture
Labour Revision / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application is competent in absence of proper citation of enabling provisions for revision
Ratio Decidendi
Failure to cite Section 91(1) of the Employment and Labour Relations Act No. 6/2004 as the enabling provision rendered the application incompetent and incapable of moving the court.
Court Disposition
application struck out as incompetent
Orders
- Application struck out for incompetence due to non-citation of enabling provision.
- Applicant granted fourteen (14) days to refile a proper application.
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