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The High Court struck out a labour revision application because the applicant had not filed the mandatory notice to seek revision at CMA before moving the court.
There are conflicting decisions of the High Court on whether filing CMA F10 is mandatory prior to filing a revision, creating legal uncertainty. This uncertainty justifies certification of a point of law for determination by the Court of Appeal.
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Failure to file mandatory notice of intention to seek revision (CMA Form No. 10) renders the application incompetent and warrants striking out.
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Failure to file the mandatory Notice of Intention to Seek Revision (CMA F10) at the CMA prior to filing the revision application renders the application incompetent and liable to be struck out.
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The High Court struck out a labour revision application for failure to file the mandatory notice of intention to seek revision under Regulation 34(1).
Failure to file the mandatory notice of intention to seek revision (CMA F10) renders the application incompetent and liable to be struck out.
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The Labour Division granted withdrawal of this application without costs but refused leave to refile, noting the request involved a different procedure and lacked supporting evidence.
Labour revision struck out after the applicant conceded failure to file the mandatory notice of intention to seek revision under Regulation 34(1).
The Court of Appeal held that revision was premature because the appellant had not first sought to set aside the ex parte judgment in the trial court.
Application is incompetent for lack of leave for representative suit and failure to file mandatory notice of intention to seek revision (CMA F10); these defects are incurable and require striking out the application.
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