jabil maulid vs inspector general of police another 2014 tzhc 2060 31 october 2014

jabil maulid vs inspector general of police another 2014 tzhc 2060 31 october 2014

The High Court lacks jurisdiction to entertain the plaintiff's suit as the Police Force and Prisons Service Commission Act and Police Force Service Regulations provide a finality clause for disciplinary decisions, and police officers are excluded from the Employment and Labour Relations Act. The proper recourse was judicial review, not a civil suit.

Citation
jabil maulid vs inspector general of police another 2014 tzhc 2060 31 october 2014
Parties
Plaintiff: Jabil Maulid; 1st Defendant: Inspector General of Police; 2nd Defendant: Hon. The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 October 2014
Procedural Posture
Civil Suit / Judgment
Outcome
Suit dismissed for want of jurisdiction.
Legal Topics
Jurisdiction, Unfair Termination, Police Service Employment, Judicial Review
Source Language
English
Administrative Law Employment Law Labour Law Jurisdiction Unfair Termination Police Service Employment Judicial Review

Case Brief

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Parties

Jabil Maulid

Plaintiff

Inspector General of Police

1st Defendant

Hon. The Attorney General

2nd Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the termination of the plaintiff by the 1st defendant was fair
  2. 2 Whether the plaintiff is entitled for reinstatement to his original position in the first defendant's employment
  3. 3 Relief to which the parties are entitled

Ratio Decidendi

The High Court lacks jurisdiction to entertain the plaintiff's suit as the Police Force and Prisons Service Commission Act and Police Force Service Regulations provide a finality clause for disciplinary decisions, and police officers are excluded from the Employment and Labour Relations Act. The proper recourse was judicial review, not a civil suit.

Court Disposition

Suit dismissed for want of jurisdiction.

Orders

  • No order for costs.