19981216 TZCA Dar es Salaam1

19981216 TZCA Dar es Salaam1

The appeal is competent as it complies with the rules of the Court. The issue of jurisdiction should be determined by the High Court before any other matters. It is not desirable for the Court of Appeal to decide the jurisdiction issue where the High Court has not made a decision. The matter should be remitted to the High Court for determination of jurisdiction.

Citation
19981216 TZCA Dar es Salaam1
Parties
Appellant: Appellant; Respondent: Respondent
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 December 1998
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
proceedings after 14th August 1997 quashed; matter remitted to High Court for determination of jurisdiction; costs to follow the event
Legal Topics
Jurisdiction, Wrongful Termination, Breach of Contract, Appellate Procedure
Source Language
English
Civil Procedure Employment Law Jurisdiction Wrongful Termination Breach of Contract Appellate Procedure

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the High Court had jurisdiction to hear the suit for wrongful termination based on discharge by nolle prosequi
  2. 2 Whether the appeal is incompetent and should be struck out

Ratio Decidendi

The appeal is competent as it complies with the rules of the Court. The issue of jurisdiction should be determined by the High Court before any other matters. It is not desirable for the Court of Appeal to decide the jurisdiction issue where the High Court has not made a decision. The matter should be remitted to the High Court for determination of jurisdiction.

Court Disposition

proceedings after 14th August 1997 quashed; matter remitted to High Court for determination of jurisdiction; costs to follow the event

Orders

  • All proceedings of the High Court after 14th August 1997 quashed
  • Matter to be placed before the same learned Judge for determination of jurisdiction