IN THE HIGH COURT OF TANZANIA

LABOUR DIVISION
AT ARUSHA.

MISC. APPLICATION NO. _____ 2011

(C/f EXECUTION NO. 264/2009)

ARUSHA ART:…………………………………………………………..APPLICANT

-VERSUS-

VICENT LUCAS:………………………………………………………RESPONDENT

AFFIDAVIT.

I, GUNNANTRAI SHANTILAL SACHDEV of P.O.Box 423, Arusha, Hindu by

Religion hereby make oath and state as follows;

1. THAT, I am the Managing Director of the applicant herein hence

conversant with the fact that I am about to depose.

2. THAT, the Respondent herein was the Applicant in the Mediation Case
styled CMA/MED/44/2009 which was decided exparte on the Applicant
failure to avail himself to the Tribunal.

3. THAT, the Applicant had a good cause for non attendance to the
mediation for reason that his failure was engineered by the circumstance
beyond his control (force majure) i.e. the fire incident that broke unto the
applicant’s offices, for which even the Respondent herein conceded to had
known.

4. THAT, through the service of IMBORU CHAMBERS ADVOCATES the

Applicant herein filed an Application to set aside an exparte award.
Whereas this Honourable Court intervene and stayed the execution
pending the disposal of the said application.
5. THAT, out of malicious and ulterior motives, the Decree Holder herein
cunningly refuse to avail himself to the Tribunal despite the summonses
which were forwarded to him amp teens times with no avail on the
contrary he ventured into pressing execution purporting that the Decree
Debtor is making delay tactics the facts that is absolutely wrong.

6. Basing on this cooked story he has won the sympathy of this honourable
Court which have granted the warrant of attachment while the real fact is
that the Decree Debtor is not to be blamed in any manner whatsoever for
the delay of proceedings at CMA.

7. THAT, it is in the interest of justice that I be afforded on opportunity to

show cause in support of termination through inter parte hearing which
has never been afforded to me due to Decree Holder hostility and there is
no at all even a colour of blames on me personaly for the delay of the said
Application at the CMA.

8. THAT, the Applicant has a solid and sufficient defense in support of the
termination which and ever since, he has not been afforded the chance to
avail it to the commission due to Respondents defaults and refusal to avail
himself to the commission.

9. THAT, unless this Honourable Court intervene and stay the execution the
Applicant herein stand to suffer irreparably he shall be condemned
without being heard, the act which is against the spirit of justice.

Dated at Arusha this……………….day of……………………………2011

………………………………………
GUNVANTRAI SHANTILAL SACHDEV

AFFIRMED at Arusha by the said

GUNVANTRAI SHANTILAL SACHDEV
Who is known to me personally/ identified
To me by____________________________ ………………….
The later being known to me personally this DEPONENT
……………day of…………………….2011.

BEFORE ME;

……………………………………
COMMISSIONER FOR OATHS.

Presented for filing this……………..day of…………………………….2011

…………………………………
REGISTRY OFFICER

DRAWN & FILED BY;-

DUNCAN JOEL OOLA & CO. ADVOCATES,

KKKT BUILDING, 2ND FLOOR,
P.O.BOX 1520,
ARUSHA.

COPY TO BE SERVED UPON

VICENT LUCAS,
P.O.BOX 1330,
ARUSHA.