william benedictor vs platnum credit limited 2020 tzhc 3384 21 july 2020

william benedictor vs platnum credit limited 2020 tzhc 3384 21 july 2020

Failure to list attached documents in the notice of application is not fatal where documents are attached and no prejudice is shown; verification of paragraphs in an affidavit suffices to verify subparagraphs contained therein.

Citation
william benedictor vs platnum credit limited 2020 tzhc 3384 21 july 2020
Parties
Applicant: William Benedicto; Respondent: Platnum Credit Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 July 2020
Procedural Posture
Labour Revision / Ruling on Preliminary Objection
Outcome
Preliminary Objection dismissed
Legal Topics
Preliminary Objection, Defective Notice of Application, Defective Verification Clause, Overriding Objective, Affidavit Requirements
Source Language
English

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

William Benedicto

Applicant

Platnum Credit Limited

Respondent

Procedural Posture

Labour Revision / Ruling on Preliminary Objection

  1. 1 Whether failure to list attached documents in the notice of application is fatal to the application
  2. 2 Whether the affidavit is fatally defective for not verifying subparagraphs in the verification clause

Ratio Decidendi

Failure to list attached documents in the notice of application is not fatal where documents are attached and no prejudice is shown; verification of paragraphs in an affidavit suffices to verify subparagraphs contained therein.

Court Disposition

Preliminary Objection dismissed

Orders

  • Both points of preliminary objection are overruled and dismissed.