seth mbena vs intertek testing services east africa pty ltd 2022 tzhcld 662 23 may 2022

Failure to file the mandatory CMA Form No. 10 as required by Regulation 34(1) is a fatal defect that renders the application incompetent and cannot be cured by argument or amendment.

Citation: seth mbena vs intertek testing services east africa pty ltd 2022 tzhcld 662 23 may 2022
Parties: Applicant: Seth Mbena; Respondent: Intertek Testing Services (East Africa) (Pty) Ltd
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 23 May 2022
Procedural Posture: Labour Revision / Ruling on Preliminary Objection
Outcome: application struck out
Legal Topics: Mandatory Forms, Procedural Compliance, Revision Applications
Source Language: English

Labour Law Procedural Law Mandatory Forms Procedural Compliance Revision Applications

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 1

Parties

Seth Mbena

Applicant

Intertek Testing Services (East Africa) (Pty) Ltd

Respondent

Procedural Posture

Labour Revision / Ruling on Preliminary Objection

Legal Issues

1 Whether failure to file a mandatory notice of intention to seek revision (CMA Form No. 10) renders the application incompetent

Ratio Decidendi

Failure to file the mandatory CMA Form No. 10 as required by Regulation 34(1) is a fatal defect that renders the application incompetent and cannot be cured by argument or amendment.

Court Disposition

application struck out

Orders

Application struck out for incompetence due to failure to file CMA Form No. 10.
Applicant granted leave to refile the application for revision within 21 days after filing the missing form.