20090219 TZHC Mwanza
The District Court lacked jurisdiction to entertain the labour dispute as the relevant law had been repealed and jurisdiction was vested exclusively in Labour Courts under the new Act.
- Citation
- 20090219 TZHC Mwanza
- Parties
- Applicant: Modest Kamhanda; Applicant: Yohana Dede; Applicant: Mawazo Daudi; Applicant: Masalu Shaban; Applicant: Thomas Otieno; Respondent: Branch Manager, Mohamed Enterprises-Mwanza
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 19 February 2009
- Procedural Posture
- Miscellaneous Civil Application / Judgment on Jurisdictional Objection
- Outcome
- Application dismissed for want of jurisdiction.
- Legal Topics
- Jurisdiction, Labour Disputes, Repeal of Statute, Proper Forum
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Modest Kamhanda
Applicant
Yohana Dede
Applicant
Mawazo Daudi
Applicant
Masalu Shaban
Applicant
Thomas Otieno
Applicant
Branch Manager, Mohamed Enterprises-Mwanza
Respondent
Procedural Posture
Miscellaneous Civil Application / Judgment on Jurisdictional Objection
Legal Issues
- 1 Whether the District Court had jurisdiction to entertain the labour dispute after the repeal of the Security of Employment Act, Cap. 574
- 2 Whether the application could be pursued in the High Court
Ratio Decidendi
The District Court lacked jurisdiction to entertain the labour dispute as the relevant law had been repealed and jurisdiction was vested exclusively in Labour Courts under the new Act.
Court Disposition
Application dismissed for want of jurisdiction.
Orders
- Application dismissed.
- Applicants may pursue their case in the proper labour court, subject to limitation.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment