george m tangatya vs principal secretary treasury another 2014 tzhc 2210 20 november 2014

george m tangatya vs principal secretary treasury another 2014 tzhc 2210 20 november 2014

The plaintiff was lawfully paid his pension in lump sum under the law applicable at the time of his retirement, disentitling him to arrears of monthly pension or general damages. The subsequent amendment allowing monthly pension after ten years does not create retroactive entitlement to arrears.

Citation
george m tangatya vs principal secretary treasury another 2014 tzhc 2210 20 november 2014
Parties
Plaintiff: George M. Tangatya; 1st Defendant: The Principal Secretary Treasury; 2nd Defendant: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 November 2014
Procedural Posture
Civil Case / Judgment
Outcome
Plaintiff's claims dismissed in entirety. Each party to bear its own costs.
Legal Topics
Retirement Benefits, Pension Arrears, General Damages, Government Liability
Source Language
English
Employment Law Pension Law Public Service Law Retirement Benefits Pension Arrears General Damages Government Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

George M. Tangatya

Plaintiff

The Principal Secretary Treasury

1st Defendant

The Attorney General

2nd Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether the plaintiff was fully paid his pension upon retrenchment
  2. 2 Whether the plaintiff is entitled to arrears of monthly pension for 116 months
  3. 3 Whether the plaintiff is entitled to general damages

Ratio Decidendi

The plaintiff was lawfully paid his pension in lump sum under the law applicable at the time of his retirement, disentitling him to arrears of monthly pension or general damages. The subsequent amendment allowing monthly pension after ten years does not create retroactive entitlement to arrears.

Court Disposition

Plaintiff's claims dismissed in entirety. Each party to bear its own costs.

Orders

  • Plaintiff's claims for arrears of pension and general damages dismissed.
  • Each party to bear its own costs.