20090915 TZCA Dar es Salaam

,,. • il 1 k j IN THE COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM ( CORAM: MUNUO,J.A.,MSOFFE,J.A. And MASSATI,J.A.) CIVIL APPEAL N0. 29 OF 2009 1 I HUSSEIN SHABENGA / JUMANNE S. MAKANYAGA & 6 0TH ERS .........................................................................APPELLANTS VERSUS TANZANIA PORT AUTHORITY ............................................... RESPONDENT I (An appeal from the decision of the High Court of Tanzania (Labour Division) {Mandia, J.) dated 12th day of December, 2008 in i Civil Revision Applicati6n No. 154 of 2008 ........................ RULING OF THE COURT MSOFFE, J.A.: At today's date of hearing Mr. HJssein Shabenga and Mr. Jumanne Makanyaga speaking on behalf of the other appellants readily conceded to the preliminary objection notice of w~ich was given earlier in terms of Rule 100 of the Tanzania Court of Appeal Rules, 1979 by Mr. Elisa Abel I Msuya, learned advocate for the respondent Authority. I II I 2 I The gist of the objection is that no leave to appeal was applied for and granted prior to the institution ofthiJ purported app~~I. I I The dispute in this matter commenced at thel Commission for I Mediation and Arbitration. Thereafter, it went on revi~ion to the High Court (Labour Division) where Mandia, J. dismissed the ~pplication, hence I this purported appeal. I I I I Since this is a matter which /does not fall ~nder any of the categories stipulated under Section 5 (11) (a) and (b) of the Appellate 1 1 JuriSdiction Act, 1979 it follows thJt it was impera,tive that leave be applied for under (c) thereof. In tje absence of l~ave, we have no ! jurisdiction to entertain the matter. I I For, the above single reason, we hereby strike oit this incompetent I appeal with no order as to costs. I I ! I th DATED at DAR ES SALAAM this 5 day of September, 2009. I I 1· 3 I ' E.N. MUNUO I JUSTICE OF AP.PEAL J. H. MSOF :E I JUSTICE OF ARPEAL S.A. MASSAII I JUSTICE OF AP.PEAL I certify that this is a true copy o the original. ; 'I I ' Z.A. MA IA DEPUTY REGISTRAR I ' - '·-:-•__ .,,1-;-•--:·· ~U"::!;"'~~ . . . . l