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The suit is unmaintainable due to failure to sign and verify pleadings by the party as required by Order VI Rules 14 and 15 CPC and joinder of a non-existing party (Mtumba Village Council), warranting striking out of the suit.
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The memorandum of appeal is incompetent because the Solicitor General, through the State Attorney, intervened and signed the document without following the required procedure of formal notification and compliance with statutory provisions. This procedural defect goes to the root of the competence of the appeal.
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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.
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The preliminary objection fails because the alleged defect (lack of signature) is not apparent on the face of the record and requires investigation; the faintness of the signature is attributable to court printing, not the appellant. The petition is deemed signed and competent.
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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 suit is struck out because the plaint fails to specifically describe the disputed property, making it impossible to identify or locate the land as required by law.
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The High Court Labour Division struck out a revision application as incompetent because the notice of application was signed by a representative, contrary to Rule 24(2).
The application was signed by an advocate who is not a party, contrary to Regulation 24(2) of the Labour Court Rules GN No 106 of 2007, rendering the application incompetent and warranting its striking out.
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The defect of only one appellant signing the petition of appeal is curable and does not render the appeal invalid; all appellants must sign or authorize one to sign on their behalf within 21 days.
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The Plaint, though inelegantly drafted, discloses a cause of action as it sets out material facts showing the Plaintiffs' membership and contributions to NSSF and the Defendant's alleged failure to pay retirement benefits. Inclusion of statutory provisions does not render the Plaint defective, and while the Plaint was not properly signed, the defect is not fatal; Plaintiffs are granted leave to amend.
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