Automated Summary
Key Facts
The applicants, Kulwa Nkwabi and 399 others, seek enforcement of a 2003 Industrial Court award requiring the Tanzania Ports Authority to pay Tshs. 66,500,940,018.24 in employment dues to 195 former dockworkers from 1994 to 2004. The application, supported by an affidavit from Mr. Jovinus Ndaro, was opposed by the respondent on grounds of lack of jurisdiction, no leave for a representative suit, and an incurably defective affidavit. The court overruled the jurisdiction objection due to differing applicants in related cases but struck out the application for the defective affidavit, citing failure to obtain court leave for representation.
Issues
- The court was asked to determine whether it has jurisdiction to entertain the application after a notice of appeal was filed, as the respondent argued that once the appeal is lodged, the High Court no longer has jurisdiction. The court referenced the Mukisa Biscuits case, stating that a point requiring evidence cannot be determined at the preliminary stage.
- The fourth objection stated that the application is bad in law and unmaintainable for being confusing, misconceived, and an applicants' own invention. The court addressed this by considering the applicants' reply and referenced the lack of proper representation and the application's legal standing.
- The third objection argued that the application is incompetent due to an incurably defective affidavit not meeting the mandatory requirements of Rule 24(3)(a), (b), and (c) of the Labour Court Rules. The court found that the affidavit was defective as it was filed without proper leave, leading to the application being struck out.
- The second objection raised that the application is bad in law and unmaintainable for want of leave of representative suit. The court noted that the applicant, Jovinus Ndaro, was not mentioned in a previous decision (Hon Mashaka, J) where Ramadhani Ngana was the personal representative, indicating that the current representation lacks court leave, making the affidavit defective.
Holdings
- The court struck out the application for being defective: the applicant (Jovinus Ndaro) acted without court leave for a representative suit, and the supporting affidavit was incurably defective under Labour Court Rules. The application is deemed incompetent.
- The court overruled the objection that it lacks jurisdiction to entertain the application, as the notice of appeal was filed by different applicants in a separate case (Misc. Application No. 81/2020), and a determination requires evidence to confirm if the applicants are the same.
Remedies
The application was struck out by the court because it was supported by an incurably defective affidavit, as the applicants failed to obtain leave for a representative suit. This procedural defect rendered the application incompetent.
Monetary Damages
66500940018.24
Legal Principles
- The court addressed the jurisdictional objection regarding the High Court's authority after an appeal was filed, referencing the principle established in Mukisa Biscuits that preliminary objections requiring evidence cannot be resolved at the preliminary stage.
- The court ruled on the procedural defect of an affidavit in a representative suit, emphasizing that leave must be obtained for such representation and that acting without it renders the application incompetent.
Precedent Name
Mukisa Biscuits
Cited Statute
- Labour Court Rules (GN No. 106 of 2007)
- Employment and Labour Relations Act (Act No. 6 of 2004 as amended)
Judge Name
S.M. Maghambi
Passage Text
- I have checked the records of the Misc. Application No. 81/2020 and found that the two cases bear the name of different applicants.
- The applicant submitted an affidavit dated 02nd day of August 2021 to support the application.
- The same is hereby struck out.