lekule vs jv ltd 1998 tzhc 6 16 june 1998

lekule vs jv ltd 1998 tzhc 6 16 june 1998

The High Court has no appellate jurisdiction over decisions of the Industrial Court of Tanzania unless such jurisdiction is expressly provided by statute. The repeal or invalidation of section 27 (IC) does not itself confer appellate jurisdiction.

Citation
lekule vs jv ltd 1998 tzhc 6 16 june 1998
Parties
Applicant: Leo K. Lekule; Respondent: Attorney General and another
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 June 1998
Procedural Posture
Civil Appeal / Ruling on Competence of Appeal
Outcome
Appeal struck out as incompetent with costs.
Legal Topics
Appellate Jurisdiction, Industrial Court Appeals, Constitutionality of Statutes
Source Language
English
Labour Law Civil Procedure Appellate Jurisdiction Industrial Court Appeals Constitutionality of Statutes

Case Brief

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Parties

Leo K. Lekule

Applicant

Attorney General and another

Respondent

Procedural Posture

Civil Appeal / Ruling on Competence of Appeal

Legal Issues

  1. 1 Whether an appeal lies to the High Court from a decision of the Industrial Court of Tanzania after the repeal of section 27 (IC) of the Industrial Court of Tanzania Act, 1967

Ratio Decidendi

The High Court has no appellate jurisdiction over decisions of the Industrial Court of Tanzania unless such jurisdiction is expressly provided by statute. The repeal or invalidation of section 27 (IC) does not itself confer appellate jurisdiction.

Court Disposition

Appeal struck out as incompetent with costs.

Orders

  • Appeal is struck out as incompetent.
  • Applicant to pay costs.