20081106 TZHC Mwanza 1
- Citation
- 20081106 TZHC Mwanza 1
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 6 November 2008
- Posture
- Miscellaneous Civil Application (labour Dispute Appeal) / Judgment on Appeal From District Court Dismissal for Lack of Jurisdiction
- Language
- English
More details
- Court
- TZHC
- Decision
- 6 November 2008
- Posture
- Miscellaneous Civil Application (labour Dispute Appeal) / Judgment on Appeal From District Court Dismissal for Lack of Jurisdiction
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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District Court lacked jurisdiction to entertain the employment dispute as the Security of Employment Act, 1964 had been repealed and the proper forum and procedure were those established under the Employment and Labour Relations Act, 2004 and the Labour Institutions Act, 2004.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
02
Material facts
Parties
Rehema Joseph
AppellantChairman Mwanza Institute Club-Mwanza
Respondent Counsel: Kirpal SinghAmounts and remedies
- Claimed Amount by Appellant: TZS 873,000
03
Procedural history
Posture
Miscellaneous Civil Application (labour Dispute Appeal) / Judgment on Appeal From District Court Dismissal for Lack of Jurisdiction
04
Questions and positions
Legal issues
- 01
Whether the District Court had jurisdiction to entertain the employment dispute after the repeal of the Security of Employment Act, 1964
- 02
Whether the proper procedure under the Employment and Labour Relations Act, 2004 was followed
Party arguments
- Applicant
- The appellant challenged the District Court's dismissal of her employment claim, seeking relief for wrongful termination and related benefits.
- Respondent
- The respondent maintained that the District Court lacked jurisdiction as the relevant law had been repealed and exclusive jurisdiction was vested in Labour Courts.
05
Court’s reasoning
Legal principles
- 01
Section 94(1) of the Employment and Labour Relations Act, 2004; Section 51 of the Labour Institutions Act, 2004
Jurisdiction over labour matters is exclusively vested in Labour Courts under the Employment and Labour Relations Act, 2004 and the Labour Institutions Act, 2004.
- 02
General principle of statutory interpretation
A repealed statute cannot confer jurisdiction or govern procedure after its repeal.
06
Ratio, limits and disposition
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.
Obiter and limits
- Even if the District Court had not relied on the repealed law, the suit was fit for dismissal under the new Labour Laws.
Court disposition
Appeal dismissed
- Each party to bear their own costs
- Right to appeal explained
Source and reliance status
TZHC · 6 November 2008
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 6 November 2008
,.,). :. ,.,.,·,1 IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA •. { ! \.._..l
IN THE DISTRICT REGISTRY
ATMWANZA MISC..CIVIL APPL. NO. 11 OF 2007 {Orig{nating from District Court of Nyamagana Emp. Case No. 112 of2006} REHEMA JOSEPH ....................................... APPELLANT . · Versus
CHAIRMAN MWANZA INSTITUTE CLUB-MWANZA ......... RESPONDENT
JUDGMENT 06.11.2008 - 07.11.2008 G. K. RWAKIBARILA. J The appellant Rehema Joseph was the plaintiff in Mwanza Employment Cause No. 122 of 2006 which was dismissed o,;, · 03.05.2007 on grounds that the said court had no jurisdiction under )ection 28 of the Security of Employment A$=t, 1964 to try it. What · sparked it was a report by the Labour Officer for Mwanza Region who filed it on 30.11.2006, ·reporting a dispute in which. the . responderit · namely Mwanza Institute Club terminated summarily employment of. appellant. According to ·the Labour Officer's report, appellant was ,..., • # • ;' ~. • claiming one month's salary in lieu of notice, severance allowance, 56 days leave and arrears of wages whose total amount was T. Sihs · 873,000/. Records of the No. 1·22 Civil Cause shgw it was instituted in Mwanza District Court on f1.J2.2006. By that time, the Employrrufnt . . . ~~~ . . . . . @ A c t , 1964 was already r,$aated and no longer rn force becausi ( ., under Section 94 {1) of the Employment arid Labo"-r . . Relations Act, No. 6 of 2004-or Sectio~ 51 of the Labour. Ins.titutions Act, No. 7 of 2004, exclusive jurisdictio'n in all labour matters was vested on f Labour Courts. The Labour Institutions Act commenced on 01.02.2005 vide GN. 24 of 2005 and the Employment and Labour ~°M"~L:-UJ\ . Relations Act semmenced on 05.01.2006 vide GN. 01 of 2006. -+ · Therefore on 11.12.2006
when the Employment Cause No. 122 of 2006 was instituted, the~ecurity of Employment.Act was no longer * applicable and the procedure outlined under it was no longer the proper law to follow. The proper procedure which should have been followed in this I matter is outlined from Section 86 to Section 95 of the Employment and Labour Relations Act which involves mediators, arbitrators or . Labour courts. It follows that the District Court had no juri?diction to entertain this matter but invoked provisions of the repealed Law_ to . dismiss it. The same suit was fit for dismissal therefore, even under . the new Labour Laws. This appeal is ultimately dismissed and parties shaH shoulder . their own costs. G. K. Rwakibarila
JUDGE 06·.11.2008 Date: 07/11/2008 Coram: G. K. Rwakibarila Appellant: Present in person Respondent: Kirpal Singh is present . B/ C: Leoraylrd ~\ 2 Court: • Judgment read at Mwanza this ih day of November, 2008 -and right to appeal in time has been explained. G. K. Rwakibarila
JUDGE At Mwanza 07.11.2008 . 3 f' I' f t[/ !i / I· rf )' J. ii J ,( 11 :1 ,I .f) :l,, ···! -~/. I ,j f I . !'.I I ~ , ' I
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