clement george mwakibinga vs crdb branch manager kahama and another 2021 tzhc 5460 9 august 2021

The District Court lacked jurisdiction to entertain the appellant's suit as it arose from a CMA award, which must be executed in the Labour Court under section 88(2) of the Employment and Labour Relations Act. The proceedings were a nullity.

Citation: clement george mwakibinga vs crdb branch manager kahama and another 2021 tzhc 5460 9 august 2021
Parties: Applicant: Clement George Mwakibinga; Respondent: CRDB Branch Manager-Kahama; Respondent: General Manager (Pangea Minerals Ltd-Buzwagi Gold Mine)
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 9 August 2021
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Execution of Arbitration Awards, Jurisdiction of Civil Courts, Employment Termination, Bank Transaction Reversal
Source Language: English

Labour Law Civil Procedure Jurisdiction Execution of Arbitration Awards Jurisdiction of Civil Courts Employment Termination Bank Transaction Reversal

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 10

Parties

Clement George Mwakibinga

Applicant

CRDB Branch Manager-Kahama

Respondent

General Manager (Pangea Minerals Ltd-Buzwagi Gold Mine)

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the District Court had jurisdiction to entertain a suit arising from a CMA award
2 Whether the appellant proved entitlement to the claimed amount
3 Whether reversal of bank transaction constituted a civil claim

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

Entire proceedings, judgment and decree of Civil Suit No 15 of 2018 nullified, quashed and set aside.
Appellant may lodge claim before proper executing court with jurisdiction.