joseph m mutashobya vs ms kibo match group limited 2003 tzca 21 11 june 2003

joseph m mutashobya vs ms kibo match group limited 2003 tzca 21 11 june 2003

The respondent validly exercised its contractual right to terminate the appellant's employment under clause 13(b) by payment of three months' salary in lieu of notice; there was no breach of contract and no requirement to provide reasons for termination.

Citation
joseph m mutashobya vs ms kibo match group limited 2003 tzca 21 11 june 2003
Parties
Appellant: Joseph M. Mutashobya; Respondent: M/S Kibo Match Group Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 June 2003
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Wrongful Termination, Fixed Term Employment Contracts, Interpretation of Employment Agreements, Constitutional Right to Work
Source Language
English
Employment Law Contract Law Wrongful Termination Fixed Term Employment Contracts Interpretation of Employment Agreements Constitutional Right to Work

Case Brief

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Parties

Joseph M. Mutashobya

Appellant

M/S Kibo Match Group Limited

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the respondent wrongfully and prematurely terminated the appellant's fixed-term employment contract
  2. 2 Whether the respondent was required to provide reasons for termination under the contract
  3. 3 Whether constitutional provisions on the right to work were violated

Ratio Decidendi

The respondent validly exercised its contractual right to terminate the appellant's employment under clause 13(b) by payment of three months' salary in lieu of notice; there was no breach of contract and no requirement to provide reasons for termination.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in its entirety with costs.