theonance sichone vs bahari bakery ltd 2020 tzhcld 219 5 june 2020
The application was struck out because the supporting affidavit failed to comply with mandatory requirements under Rule 24(3) of the Labour Court Rules, 2007, and such defects are fatal and cannot be cured by the overriding objective principle.
- Citation
- theonance sichone vs bahari bakery ltd 2020 tzhcld 219 5 june 2020
- Parties
- Applicant: Theonance Sichone; Respondent: Bahari Bakery Limited
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 5 June 2020
- Procedural Posture
- Labour Revision / Ruling on Preliminary Objection
- Outcome
- Application struck out with leave to refile within fourteen days
- Legal Topics
- Affidavit Defects, Preliminary Objection, Mandatory Procedural Requirements
- Source Language
- English
Case Brief
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Parties
Theonance Sichone
Applicant
Bahari Bakery Limited
Respondent
Procedural Posture
Labour Revision / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application is fatally defective for non-compliance with mandatory affidavit requirements under Rule 24(3) of the Labour Court Rules, 2007
Ratio Decidendi
The application was struck out because the supporting affidavit failed to comply with mandatory requirements under Rule 24(3) of the Labour Court Rules, 2007, and such defects are fatal and cannot be cured by the overriding objective principle.
Court Disposition
Application struck out with leave to refile within fourteen days
Orders
- Application struck out for defective affidavit
- Leave granted to refile within fourteen days from the date of the order
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