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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.
The High Court struck out a labour revision application as incompetent because the applicant had not filed the mandatory notice to seek revision (CMA F10).
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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The application is incompetent due to failure to properly describe the applicant as a legal entity and failure to attach mandatory documents as required by Rule 11(7) of the Court of Appeal Rules; thus, it must be struck out.
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The application is incompetent due to failure to comply with Rule 11(7)(b) and (c) of the Court of Appeal Rules and for failure to implead a proper party; therefore, it must be struck out.
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The applicant's affidavit failed to comply with mandatory requirements of Rule 24(3)(a) & (c) of the Labour Court Rules, 2007, and the overriding objective principle cannot cure such defects; therefore, the revision is incompetent and must be struck out.
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The filing of the arbitral award was incompetent because it was not accompanied by the full proceedings of the arbitral tribunal as mandatorily required by Regulation 51(5) of the Arbitration (Rules of Procedure) Regulations, GN. No. 146 of 2021. The attached documents did not constitute the full proceedings. The requirement is mandatory and not directory, and the overriding objective principle cannot cure this defect. The first preliminary objection is upheld; the second, regarding the necessity of a petition under Regulation 63(1), is overruled as Regulation 51(5) provides an alternative fi…
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The High Court struck out a civil appeal as incompetent because the appellant attached a decree instead of a drawn order to an appeal from a ruling.
The affidavit supporting the application failed to comply with the mandatory requirement to state the names and addresses of the parties, rendering it incurably defective. The defect cannot be cured by the overriding objective principle, and the application must be struck out.
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The High Court struck out a civil appeal as incompetent because the appellant failed to append the decree to the memorandum of appeal.
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