20140818 TZHC Dar es Salaam

20140818 TZHC Dar es Salaam

The lower court's failure to afford the appellant a right to be heard on the computation formula and its failure to determine its own jurisdiction before ruling constituted gross irregularities and violations of the right to a fair hearing. The impugned ruling and related proceedings cannot stand and must be set aside.

Citation
20140818 TZHC Dar es Salaam
Parties
Appellant: Leonard E. Mtepa; Respondent: National Social Security Fund (NSSF)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 August 2014
Procedural Posture
Civil Appeal / Judgment on First Appeal
Outcome
appeal allowed
Legal Topics
Execution of Decree, Natural Justice, Right to Be Heard, Jurisdiction, Employment Benefits
Source Language
English
Civil Procedure Employment Law Execution of Decree Natural Justice Right to Be Heard Jurisdiction Employment Benefits

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Parties

Leonard E. Mtepa

Appellant

National Social Security Fund (NSSF)

Respondent

Procedural Posture

Civil Appeal / Judgment on First Appeal

Legal Issues

  1. 1 Whether the lower court erred by not affording the appellant a right to be heard on the formula used for computation of the decretal sum
  2. 2 Whether the lower court erred by failing to determine its own jurisdiction before ruling on the execution application

Ratio Decidendi

The lower court's failure to afford the appellant a right to be heard on the computation formula and its failure to determine its own jurisdiction before ruling constituted gross irregularities and violations of the right to a fair hearing. The impugned ruling and related proceedings cannot stand and must be set aside.

Court Disposition

appeal allowed

Orders

  • The lower court's ruling dated 9/10/2012 is set aside.
  • The lower court's proceedings from the filing of affidavits to the impugned ruling are nullified.