stephano mollel and 4 others vs a1 hotel and resort ltd 2021 tzhc 7681 16 december 2021

stephano mollel and 4 others vs a1 hotel and resort ltd 2021 tzhc 7681 16 december 2021

The application was filed within time as there is no requirement for court fees in labour disputes, and the date of electronic submission is the filing date. The defect in the jurat is not fatal and can be cured by amendment.

Source-derived case information.

Citation
stephano mollel and 4 others vs a1 hotel and resort ltd 2021 tzhc 7681 16 december 2021
Parties
Applicant: Stephano Mollel; Applicant: Peter Justine; Applicant: Joseph Ngowi; Applicant: Zuwena Ngoma; Applicant: Nasma Hassan; Respondent: Al Hotel and Resort Ltd.
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 December 2021
Procedural Posture
Labour Revision Application / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed in part; applicants ordered to amend affidavit.
Legal Topics
Time Limitation for Filing, Defective Jurat of Attestation, Electronic Filing Rules
Source Language
english
Labour Law Civil Procedure Time Limitation for Filing Defective Jurat of Attestation Electronic Filing Rules

Source-derived case record

Summary, issues, holding and outcome

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Parties

Stephano Mollel

Applicant

Peter Justine

Applicant

Joseph Ngowi

Applicant

Zuwena Ngoma

Applicant

Nasma Hassan

Applicant

Al Hotel and Resort Ltd.

Respondent

Procedural Posture

Labour Revision Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the revision application is time barred
  2. 2 Whether the affidavit is fatally defective for lack of proper jurat

Ratio Decidendi

The application was filed within time as there is no requirement for court fees in labour disputes, and the date of electronic submission is the filing date. The defect in the jurat is not fatal and can be cured by amendment.

Court Disposition

Preliminary objections dismissed in part; applicants ordered to amend affidavit.

Orders

  • Applicants to manually insert full name in jurat of attestation in court chambers.
  • Matter to proceed on merit after amendment.