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Failure to file CMA Form No. 10 as required by Regulation 34(1) of the Employment and Labour Relations (General) Regulations, 2017 is a fatal defect that renders the revision application incompetent and subject to being struck out.
Source excerpt
The High Court Land Division struck out a land suit after finding the plaint did not sufficiently describe the disputed property, though it upheld the stated value of the claim.
The High Court struck out an application for extension of time to appeal, holding that failure to attach a petition of appeal or set out grounds of objection made it incompetent.
The Court of Appeal struck out an application for review because the notice of motion failed to cite the enabling rule, making it incompetent.
The High Court struck out a criminal appeal commenced by memorandum instead of petition, holding the defect was jurisdictional and not cured by Article 107A.
The application is incompetent in law for failure to cite specific sub-rules of the Court Rules in the Notice of Motion, and is also frivolous as the proposed amendment is not substantive. The application is dismissed with costs.
Source excerpt
The High Court dismissed an application to set aside an ex parte judgment because the supporting affidavit was defective and the submissions were filed late.
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