APPLICATION NO

APPLICATION NO

The application was brought under wholly inapplicable provisions (section 14 of Law of Limitation Act and Rule 24 of Labour Court Rules) instead of the correct enabling provision (Rule 56 of Labour Court Rules). Wrong citation of law is not a mere technicality but goes to the root of the matter and renders the...

Source-derived case information.

Citation
APPLICATION NO
Parties
Applicant: Serengeti Breweries Limited; Respondent: Hector Sequiraa
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Labour Application / Ruling on Preliminary Objection Regarding Competence of Application
Outcome
Application struck out as incompetent for wrong citation of law.
Legal Topics
Extension of Time, Wrong Citation of Law, Preliminary Objection, Jurisdiction
Source Language
english
Labour Law Civil Procedure Extension of Time Wrong Citation of Law Preliminary Objection Jurisdiction

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Serengeti Breweries Limited

Applicant

Hector Sequiraa

Respondent

Procedural Posture

Labour Application / Ruling on Preliminary Objection Regarding Competence of Application

Legal Issues

  1. 1 Whether the application for extension of time is incompetent for being brought under a wrong provision of law
  2. 2 Whether a preliminary objection raised by letter instead of formal notice is fatal

Ratio Decidendi

The application was brought under wholly inapplicable provisions (section 14 of Law of Limitation Act and Rule 24 of Labour Court Rules) instead of the correct enabling provision (Rule 56 of Labour Court Rules). Wrong citation of law is not a mere technicality but goes to the root of the matter and renders the application incompetent. The preliminary objection, though raised by letter, must be considered as it touches on jurisdiction.

Court Disposition

Application struck out as incompetent for wrong citation of law.

Orders

  • Application struck out.