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Tanzania decisions
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Sudden change in representation due to advocate's appointment constitutes reasonable cause for non-appearance; order to proceed ex parte is vacated as justice requires inter parties hearing.
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The affidavit supporting the application was incurably defective as only one applicant swore it without supporting affidavits from the other applicants, rendering the application incompetent.
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The application was struck out because Mr. Gibson Weston Kachingwe acted without formal authorization from the Court to represent the other applicants, rendering the application incompetent.
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The High Court Labour Division struck out an application for incompetence, holding that the affidavit did not support the notice and the proposed representative was not a party to the CMA case.
The Labour Division struck out the respondent’s notice of representation as improperly filed because it was signed by the representative himself without authorization.
The African Court held that Reckya Madougou could not intervene in the case because her interests were already represented by an ad litem mandate to the applicant.
The application was fatally defective for combining distinct requests under different legal provisions and for improper affidavit procedure, warranting dismissal.
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The High Court Labour Division struck out a revision application because the notice of application and representation were signed by the applicant’s advocate, not the party bringing the application.
The applicant failed to demonstrate sufficient reasons for restoration as the record showed no representation by an advocate and repeated non-attendance without satisfactory explanation.
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The applicant's claims for extension of time and reliefs against the respondent had already been heard and determined in previous proceedings involving the same parties and issues, thus barred by res judicata. The error regarding representation did not affect the applicant's rights or the validity of the Commission's decision.
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