20071217 TZHC Dar es Salaam

The preliminary objection is misconceived because the application does not involve a trade dispute and the High Court is not prohibited from entertaining applications for leave to appeal in matters determined in its appellate jurisdiction.

Citation: 20071217 TZHC Dar es Salaam
Parties: Appellant/applicant: Grace Nyiratu; Defendant/respondent: Magic Kingdom Company Ltd
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 17 December 2007
Procedural Posture: Civil Appeal / Application for Leave to Appeal; Ruling on Preliminary Objection
Outcome: preliminary objection dismissed; leave to appeal granted
Legal Topics: Leave to Appeal, Jurisdiction, Unlawful Termination, Employment Contract
Source Language: English

Employment Law Civil Procedure Leave to Appeal Jurisdiction Unlawful Termination Employment Contract

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Parties

Grace Nyiratu

Appellant/applicant

Magic Kingdom Company Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Leave to Appeal; Ruling on Preliminary Objection

Legal Issues

1 Whether the High Court has jurisdiction to entertain an application for leave to appeal in a matter involving alleged employment benefits and unlawful termination
2 Whether points of law identified by the applicant are involved in the decision under appeal

Ratio Decidendi

Court Disposition

preliminary objection dismissed; leave to appeal granted

Orders

Preliminary objection dismissed with costs.
Leave granted to Grace Nyiratu to appeal to the Court of Appeal against the decision in Civil Appeal No. 155 of 2004.