20200724 TZHC Dar es Salaam

20200724 TZHC Dar es Salaam

The Plaintiff's cause of action was exhausted by the prior ruling on preliminary objection, which disposed of the substantive issues, leaving no remaining cause of action to prosecute. The court is functus officio and the suit is dismissed.

Source-derived case information.

Citation
20200724 TZHC Dar es Salaam
Parties
Plaintiff: Humphrey Mungubariki Kisamo; 1st Defendant: The Permanent Secretary, Ministry of Transportation; 2nd Defendant: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 July 2020
Procedural Posture
Civil Case / Ruling on Suit After Preliminary Objection Determination
Outcome
Suit dismissed
Legal Topics
Functus Officio, Preliminary Objection, Transfer of Employment, Reliefs
Source Language
english
Civil Procedure Employment Law Functus Officio Preliminary Objection Transfer of Employment Reliefs

Source-derived case record

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 1 Party arguments 2
Sign in to unlock

Parties

Humphrey Mungubariki Kisamo

Plaintiff

The Permanent Secretary, Ministry of Transportation

1st Defendant

The Attorney General

2nd Defendant

Procedural Posture

Civil Case / Ruling on Suit After Preliminary Objection Determination

Legal Issues

  1. 1 Whether the act of the Defendant transferring the Plaintiff from Dar es Salaam Maritime Institute to the Ministry Head Office was proper
  2. 2 If the transfer was proper, whether the Plaintiff suffered damages
  3. 3 What reliefs are the parties entitled to

Ratio Decidendi

The Plaintiff's cause of action was exhausted by the prior ruling on preliminary objection, which disposed of the substantive issues, leaving no remaining cause of action to prosecute. The court is functus officio and the suit is dismissed.

Court Disposition

Suit dismissed

Orders

  • No order as to costs