19821104 TZCA Dar es Salaam

19821104 TZCA Dar es Salaam

Section 28 of the Security of Employment Act does not oust the jurisdiction of civil courts to entertain suits challenging ministerial decisions on grounds of breach of natural justice. The High Court erred in holding otherwise and should have tried the triable issue of whether natural justice was denied.

Source-derived case information.

Citation
19821104 TZCA Dar es Salaam
Parties
Appellant: D. R. Kaija; Respondent: Esso Standard Tanzania Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 November 1982
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Decree
Outcome
appeal allowed
Legal Topics
Summary Dismissal, Jurisdiction of Civil Courts, Natural Justice, Ministerial Decisions, Security of Employment Act
Source Language
english
Employment Law Administrative Law Summary Dismissal Jurisdiction of Civil Courts Natural Justice Ministerial Decisions Security of Employment Act

Source-derived case record

Summary, issues, holding and outcome

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Parties

D. R. Kaija

Appellant

Esso Standard Tanzania Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Decree

Legal Issues

  1. 1 Whether Section 28 of the Security of Employment Act ousts the jurisdiction of civil courts to entertain suits challenging ministerial decisions on summary dismissal
  2. 2 Whether the appellant was denied natural justice in the ministerial proceedings

Ratio Decidendi

Section 28 of the Security of Employment Act does not oust the jurisdiction of civil courts to entertain suits challenging ministerial decisions on grounds of breach of natural justice. The High Court erred in holding otherwise and should have tried the triable issue of whether natural justice was denied.

Court Disposition

appeal allowed

Orders

  • High Court to proceed with hearing of the suit
  • Costs awarded to appellant