19810102 TZHC Mwanza2

19810102 TZHC Mwanza2

There was no evidence of a contractual agreement or payment terms between the parties; the claim for wages was unilateral and unsupported. However, customary practice entitles the appellant to an ex gratia payment, which was properly awarded by the lower court.

Citation
19810102 TZHC Mwanza2
Parties
Appellant: John Leuneai; Respondent: Hada Abdallah
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 January 1981
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Unpaid Wages, Customary Practices, Contract Formation
Source Language
English
Civil Law Customary Law Unpaid Wages Customary Practices Contract Formation

Case Brief

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Parties

John Leuneai

Appellant

Hada Abdallah

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether there was a contractual obligation for payment of wages for herding cattle
  2. 2 Whether customary practices entitle the appellant to compensation

Ratio Decidendi

There was no evidence of a contractual agreement or payment terms between the parties; the claim for wages was unilateral and unsupported. However, customary practice entitles the appellant to an ex gratia payment, which was properly awarded by the lower court.

Court Disposition

appeal dismissed

Orders

  • Appellant awarded Shs. 1,500/- as ex gratia payment per customary practice
  • Appellant to pay costs