emanuel r maira vs district executive director bunda 2015 tzhc 2095 24 february 2015

emanuel r maira vs district executive director bunda 2015 tzhc 2095 24 february 2015

The High Court lacks jurisdiction to entertain suits arising from summary dismissal as per section 28(1) of the Security of Employment Act; the plaintiff should have pursued remedies through the Labour Officer and Conciliation Board.

Citation
emanuel r maira vs district executive director bunda 2015 tzhc 2095 24 february 2015
Parties
Plaintiff: Emanuel R. Maira; Defendant: District Executive Director Bunpa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 February 2015
Procedural Posture
Civil / Judgment After Ex Parte Hearing
Outcome
Suit struck out for want of competence; no order as to costs.
Legal Topics
Summary Dismissal, Jurisdiction of Courts, Labour Disputes
Source Language
English
Employment Law Civil Procedure Summary Dismissal Jurisdiction of Courts Labour Disputes

Case Brief

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Parties

Emanuel R. Maira

Plaintiff

District Executive Director Bunpa

Defendant

Procedural Posture

Civil / Judgment After Ex Parte Hearing

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain a suit arising from summary dismissal under the Security of Employment Act
  2. 2 Whether the plaintiff followed proper procedure in challenging his dismissal

Ratio Decidendi

The High Court lacks jurisdiction to entertain suits arising from summary dismissal as per section 28(1) of the Security of Employment Act; the plaintiff should have pursued remedies through the Labour Officer and Conciliation Board.

Court Disposition

Suit struck out for want of competence; no order as to costs.

Orders

  • Suit struck out for want of competence
  • Each party to bear its own costs