sameer esmail vskone pasno 2022 tzhcld 180 28 april 2022

sameer esmail vskone pasno 2022 tzhcld 180 28 april 2022

The application is incompetent due to a defective verification clause in the supporting affidavit, which renders the affidavit inadmissible and invalidates the application both before the court and at CMA.

Citation
sameer esmail vskone pasno 2022 tzhcld 180 28 april 2022
Parties
Applicant: Sameer Esmail; Respondent: Kone Pasno
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
28 April 2022
Procedural Posture
Labour Revision Application / Judgment
Outcome
Application struck out as incompetent; CMA proceedings relating to application to set aside exparte award and ruling dated 17th September 2021 nullified.
Legal Topics
Service of Summons, Exparte Award, Verification Clause in Affidavits, Competence of Application
Source Language
English
Labour Law Service of Summons Exparte Award Verification Clause in Affidavits Competence of Application

Case Brief

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Parties

Sameer Esmail

Applicant

Kone Pasno

Respondent

Procedural Posture

Labour Revision Application / Judgment

Legal Issues

  1. 1 Whether it was proper for the arbitrator to award exparte award without proper proof of service of summons
  2. 2 Whether it was proper for the arbitrator to deliver the award without notifying the applicant on the date of delivery
  3. 3 Competence of the application due to defective verification clause

Ratio Decidendi

The application is incompetent due to a defective verification clause in the supporting affidavit, which renders the affidavit inadmissible and invalidates the application both before the court and at CMA.

Court Disposition

Application struck out as incompetent; CMA proceedings relating to application to set aside exparte award and ruling dated 17th September 2021 nullified.

Orders

  • CMA proceedings relating to application to set aside exparte award and ruling dated 17th September 2021 are nullified.
  • Application before the court is struck out as incompetent.