hamidu abdallah mbekae others vs be foward tanzania ltd 2023 tzca 62 24 february 2023

hamidu abdallah mbekae others vs be foward tanzania ltd 2023 tzca 62 24 february 2023

The appellants failed to prove the existence of an employment relationship with the respondent. The evidence established that the appellants were engaged on contracts for specific tasks, not as employees, and thus were not entitled to remedies for unfair termination under the law.

Source-derived case information.

Citation
hamidu abdallah mbekae others vs be foward tanzania ltd 2023 tzca 62 24 february 2023
Parties
Appellant: Hamidu Abdallah Mbekae; Appellant: Vitus Osmund Mkinga; Appellant: Daniel Mndolwa; Appellant: Haji Ally Bakari; Appellant: Raphael Jeul Makingo; Appellant: Shija Nico Shuja; Appellant: Mugisha Kaijage Francis; Appellant: Saad Zuberi Madawili; Appellant: Hassan Sudi Mnyamani; Appellant: Pascal Anold; Appellant: Willum Simon Mlangi; Appellant: Juma Yusuf; Respondent: Be Forward Tanzania Co. Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
24 February 2023
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Employment Relationship, Unfair Termination, Contract for Service Vs Contract of Service, Burden of Proof in Employment Disputes, Specific Task Contracts
Source Language
english
Labour Law Employment Law Employment Relationship Unfair Termination Contract for Service Vs Contract of Service Burden of Proof in Employment Disputes Specific Task Contracts

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Parties

Hamidu Abdallah Mbekae

Appellant

Vitus Osmund Mkinga

Appellant

Daniel Mndolwa

Appellant

Haji Ally Bakari

Appellant

Raphael Jeul Makingo

Appellant

Shija Nico Shuja

Appellant

Mugisha Kaijage Francis

Appellant

Saad Zuberi Madawili

Appellant

Hassan Sudi Mnyamani

Appellant

Pascal Anold

Appellant

Willum Simon Mlangi

Appellant

Juma Yusuf

Appellant

Be Forward Tanzania Co. Ltd

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the appellants were employees of the respondent or engaged under contracts for specific tasks
  2. 2 Whether the appellants were entitled to remedies for unfair termination

Ratio Decidendi

The appellants failed to prove the existence of an employment relationship with the respondent. The evidence established that the appellants were engaged on contracts for specific tasks, not as employees, and thus were not entitled to remedies for unfair termination under the law.

Court Disposition

appeal dismissed

Orders

  • No order as to costs