ultimate security t ltd vs rashid athmani kasate 2020 tzhcld 187 25 june 2020
The revision application was improperly filed following the dismissal of the earlier revision for want of service; the proper remedy was to file for restoration, not a fresh revision. Withdrawal after a preliminary objection would circumvent the objection. The application is struck out.
- Citation
- ultimate security t ltd vs rashid athmani kasate 2020 tzhcld 187 25 june 2020
- Parties
- Applicant: Ultimate Security (T) Limited; Respondent: Rashid Athmani Kasate
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 25 June 2020
- Procedural Posture
- Labour Revision / Ruling on Preliminary Objection
- Outcome
- application struck out
- Legal Topics
- Revision Application, Preliminary Objection, Withdrawal of Application, Restoration of Dismissed Revision
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Ultimate Security (T) Limited
Applicant
Rashid Athmani Kasate
Respondent
Procedural Posture
Labour Revision / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the revision application was properly filed
- 2 Whether the application should be dismissed or struck out
- 3 Whether withdrawal of the application circumvents the preliminary objection
Ratio Decidendi
The revision application was improperly filed following the dismissal of the earlier revision for want of service; the proper remedy was to file for restoration, not a fresh revision. Withdrawal after a preliminary objection would circumvent the objection. The application is struck out.
Court Disposition
application struck out
Orders
- Labour revision number 88/2019 is struck out
Full Case Text
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