selemani athumani salehe and 7 others vs joiven investment t limited na mwenzake 2021 tzhcld 330 30 julai 2021

selemani athumani salehe and 7 others vs joiven investment t limited na mwenzake 2021 tzhcld 330 30 julai 2021

The applicants admitted their application before the Registrar was defective and failed to comply with mandatory procedural requirements. The proper legal avenues for challenging the Registrar's decision were not followed. The court will not entertain applications that are procedurally defective or fail to comply...

Source-derived case information.

Citation
selemani athumani salehe and 7 others vs joiven investment t limited na mwenzake 2021 tzhcld 330 30 julai 2021
Parties
Applicant: Selemani Athumani Salehe & 7 Others; Respondent: Joiven Investment (T) Limited; Respondent: Al-Hatimy Developers
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Labour Revision Application / Judgment on Application to Set Aside Deputy Registrar's Decision
Outcome
Application dismissed
Legal Topics
Setting Aside Registrar's Decision, Application for Restoration of Struck Out Matter, Procedural Compliance, Right to Be Heard
Source Language
en
Labour Law Civil Procedure Setting Aside Registrar's Decision Application for Restoration of Struck Out Matter Procedural Compliance Right to Be Heard

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Parties

Selemani Athumani Salehe & 7 Others

Applicant

Joiven Investment (T) Limited

Respondent

Al-Hatimy Developers

Respondent

Procedural Posture

Labour Revision Application / Judgment on Application to Set Aside Deputy Registrar's Decision

  1. 1 Whether the applicants provided sufficient grounds to set aside the Deputy Registrar's decision in Miscellaneous Application No. 636 of 2018
  2. 2 Whether the application for restoration was properly before the court
  3. 3 Whether procedural requirements regarding representation and affidavits were met

Ratio Decidendi

The applicants admitted their application before the Registrar was defective and failed to comply with mandatory procedural requirements. The proper legal avenues for challenging the Registrar's decision were not followed. The court will not entertain applications that are procedurally defective or fail to comply with statutory requirements. Therefore, there were no sufficient grounds to set aside the Registrar's decision.

Court Disposition

Application dismissed

Orders

  • The decision of the Deputy Registrar in Miscellaneous Application No. 636 of 2018 is upheld.
  • The application for revision is dismissed.