tedy njovu vs nashera hotel 2020 tzhcld 172 30 june 2020
Application struck out due to failure to cite proper jurisdictional provision and non-compliance with affidavit requirements; leave granted to refile.
Source-derived case information.
- Citation
- tedy njovu vs nashera hotel 2020 tzhcld 172 30 june 2020
- Parties
- Applicant: Tedy Njovu; Respondent: Nashera Hotel
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 30 June 2020
- Procedural Posture
- Labour Revision / Preliminary Objection Ruling
- Outcome
- Application struck out; leave to refile granted.
- Legal Topics
- Jurisdiction, Procedural Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tedy Njovu
Applicant
Nashera Hotel
Respondent
Procedural Posture
Labour Revision / Preliminary Objection Ruling
Legal Issues
- 1 Failure to cite proper jurisdictional provision
- 2 Non-compliance with affidavit requirements
Ratio Decidendi
Application struck out due to failure to cite proper jurisdictional provision and non-compliance with affidavit requirements; leave granted to refile.
Court Disposition
Application struck out; leave to refile granted.
Orders
- Application struck out.
- Applicant granted leave to refile on or before 03/07/2020.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA LABOUR DIVISION AT MOROGORO SUB-REGISTRY REVISION NO. 48 OF 2019 BETWEEN TEDY NJOVU........................................................... APPLICANT VERSUS NASHERA HOTEL................................................ RESPONDENT RULING 30/06/2020 & 30 /06/2020 Aboud. J. The applicant failed to comply with the legal requirement of citing proper provisions that enables the matter to be entertained by the court. As correctly submitted by the respondent in his preliminary objections that, the applicant omitted to cite section 94 (1) (b) (i) of the Employment and Labour Relations Act, No. 6 of 2004 which gives jurisdiction to this court. The applicant also contravenes Rule 24 (3) of the Labour Court Rules, GN. 106 of 2007 as her affidavit did not comply with the requirements of the relevant rule. Applicant conceded to the preliminary objection and asked for leave to file proper application. In the circumstance of this matter and for the interest of justice, the court is striking it out and applicant is granted leave to refile on or before 03/07/2020. JUDGE 30/06/2020 2