20081106 TZHC Mwanza 1

20081106 TZHC Mwanza 1

The District Court lacked jurisdiction to entertain the employment dispute as the Security of Employment Act, 1964 had been repealed and the proper forum and procedure were those established under the Employment and Labour Relations Act, 2004 and the Labour Institutions Act, 2004.

Citation
20081106 TZHC Mwanza 1
Parties
Appellant: Rehema Joseph; Respondent: Chairman Mwanza Institute Club-Mwanza
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 November 2008
Procedural Posture
Miscellaneous Civil Application (labour Dispute Appeal) / Judgment on Appeal From District Court Dismissal for Lack of Jurisdiction
Outcome
Appeal dismissed
Legal Topics
Jurisdiction, Repeal of Statute, Labour Dispute Resolution
Source Language
English
Labour Law Civil Procedure Jurisdiction Repeal of Statute Labour Dispute Resolution

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Parties

Rehema Joseph

Appellant

Chairman Mwanza Institute Club-Mwanza

Respondent

Procedural Posture

Miscellaneous Civil Application (labour Dispute Appeal) / Judgment on Appeal From District Court Dismissal for Lack of Jurisdiction

Legal Issues

  1. 1 Whether the District Court had jurisdiction to entertain the employment dispute after the repeal of the Security of Employment Act, 1964
  2. 2 Whether the proper procedure under the Employment and Labour Relations Act, 2004 was followed

Ratio Decidendi

The District Court lacked jurisdiction to entertain the employment dispute as the Security of Employment Act, 1964 had been repealed and the proper forum and procedure were those established under the Employment and Labour Relations Act, 2004 and the Labour Institutions Act, 2004.

Court Disposition

Appeal dismissed

Orders

  • Each party to bear their own costs
  • Right to appeal explained