st joseph university in tanzania vs jaqueline stanley another 2022 tzhcld 110 21 march 2022

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA LABOUR DIVISION AT PAR ES SALAAM MISC. APPLICATION NO 492 OF 2021 (Arising from Arbitration Award of the Commission for Mediation and Arbitration at Dar es SaiaamRefNo. CMA/DSM/KIN/R.845/16/987by Hon. I.E Mwakisopiie) BETWEEN ST. JOSEPH UNIVERSITY IN TANZANIA .................................... APPLICANT VERSUS JAQUELINE STANLEY AND ANOTHER........................................ RESPONDENTS RULING S.M. MAGHIMBL J: The applicant brought this application for extension of time to file revision out of time against the decision of the commission of mediation and arbitration for - Kinondoni in Labour Dispute No. CMA/DSM/KIN/R.845/16/987 dated 23rd January 2019. The application is supported by the affidavit of Fiorentina Nina, learned Counsel for the applicant dated lO^-December 2021. The applicant's reason for the delay was attributed to negligence on the part of their former advocate after the earlier, on time filed revision No. 215 of 2019 was withdrawn and the applicant was granted the prayer to withdraw the application with leave to refile within 14 days. i I have however noted that in her affidavit to support the application, the applicant did not annex the order of this Court (Hon. Aboud ) to ascertain as to whether the said leave was granted. I am going through difficulties in ascertaining this information because the applicant's affidavit in support of this application is erroneous. On para 3.3 of the affidavit, the applicant deponed that on 18/06/2020 Honorable Aboud, J suo moto raised a concern that the application did not meet the requirements of the law. Again on para 3.5 the applicant deponed that an order to withdraw the application with leave to refile was granted on 26/08/2020 while he same applicant alleges on para 3.8 that while going through the records left by absconded advocate Mwinyongo, she saw a letter demanding for a copy of an order of Aboud J dated 20/08/2020. So the interpretation here is that Hon Aboud J's order was requested by Mr. Mwinyongo before the said order was issued. The copy was requested on 20/08/2020 while the order requested was issued on 26/08/2020 six days letter. The meaning of the above observation is that Mr. Mwinyongo knew the verdict before it was delivered, something which in our courts is impossible. That leaves no conclusion other than that the information in the affidavit is wrong as it gives contradicting information and statements 2 which are not true. I took trouble to go through the annexure 2, the letter requesting copies of the ruling, it is dated 28/08/2020 hence furthermore; the information in the sworn affidavit does not match with the actual evidence, the annexure to the affidavit. It is trite law that an affidavit is a statement of facts and in case these facts are found not to be true, then the affidavit becomes incurably defective. The current affidavit is therefore incurably defective making the whole application incompetent for being supported by a defective affidavit. The application is hereby struck out. Dated at Dar es Salaam this 21st day of March, 2022. 3