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The High Court Labour Division struck out a review application as incompetent because it was filed by chamber summons and affidavit instead of the required review procedure.
The application is incompetent for failure to comply with mandatory procedural requirements, specifically the absence of Form No. 10 and a defective notice of application lacking index and pagination, as required by law.
Source excerpt
The application was incurably defective for not being signed by the applicant as required by Rule 24(2) of the Labour Court Rules, and for failing to properly name all parties as required by Rule 24(3)(a). The defects go to the root of the application and render it incompetent. Leave to refile was not granted due to the nature of the defects and the risk of futile execution.
Source excerpt
The High Court Labour Division struck out an application as incompetent, holding it was wrongly titled and registered as a miscellaneous application.
The affidavit supporting the application was verified contrary to law, as the advocate failed to disclose the source of information for facts not within his personal knowledge. This renders the affidavit incurably defective and the application incompetent, requiring it to be struck out.
Source excerpt
The application was filed out of time as both the Notice of Review and Memorandum of Review were not filed within the 15-day period prescribed by Rule 27 of the Labour Court Rules. There was no leave granted to file out of time, and reliance on the Law of Limitation Act was misplaced.
Source excerpt
The High Court Labour Division struck out a revision application for incompetence because the supporting affidavit omitted mandatory statements of legal issues and relief sought.
The High Court struck out a labour revision application after finding the supporting affidavit fatally defective because the deponent’s name differed from the jurat.
The High Court struck out a labour revision application after finding the supporting affidavit failed to satisfy mandatory Rule 24(3) requirements.
The High Court Labour Division struck out a revision application because the supporting affidavit failed to state the relief sought as required by the Labour Court Rules.
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