20120305 TZCA Arusha3

20120305 TZCA Arusha3

The High Court erred in exercising revisional powers while determining an appeal, as revision is only available where no right of appeal exists. The decision of the trial court was properly quashed for lack of jurisdiction, but the revisional order was set aside.

Citation
20120305 TZCA Arusha3
Parties
Appellant: Arusha International Conference Centre (AICC); Respondents: Ayoub Bendera and Eleven Others
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 March 2012
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed in part
Legal Topics
Revisional Jurisdiction, Jurisdiction of Courts, Execution of Labor Board Decisions
Source Language
English
Civil Procedure Employment Law Revisional Jurisdiction Jurisdiction of Courts Execution of Labor Board Decisions

Case Brief

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Parties

Arusha International Conference Centre (AICC)

Appellant

Ayoub Bendera and Eleven Others

Respondents

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the High Court correctly exercised revisional powers while determining an appeal
  2. 2 Whether the proceedings of the trial court were properly quashed for lack of jurisdiction

Ratio Decidendi

The High Court erred in exercising revisional powers while determining an appeal, as revision is only available where no right of appeal exists. The decision of the trial court was properly quashed for lack of jurisdiction, but the revisional order was set aside.

Court Disposition

appeal allowed in part

Orders

  • The decision of the trial court is quashed and set aside for lack of jurisdiction.
  • The revisional order of the High Court is quashed and set aside.