masolwa d masalu vs the attorney general others 2022 tzca 15 10 february 2022

masolwa d masalu vs the attorney general others 2022 tzca 15 10 february 2022

The appeal was incompetent because the High Court's order striking out the application for non-citation of enabling provisions did not finally determine the rights of the parties, and thus no right of appeal existed as of right; the appellant should have filed a fresh application or sought leave to appeal.

Citation
masolwa d masalu vs the attorney general others 2022 tzca 15 10 february 2022
Parties
Appellant: Masolwa D. Masalu; 1st Respondent: The Attorney General; 2nd Respondent: District Executive Director, Mbozi District Council
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 February 2022
Procedural Posture
Civil Appeal / Appeal From High Court Ruling Striking Out Application
Outcome
Appeal struck out
Legal Topics
Right of Appeal, Extension of Time, Prerogative Orders, Non Citation of Enabling Provisions, Striking Out Vs Dismissal
Source Language
English
Labour Law Civil Procedure Right of Appeal Extension of Time Prerogative Orders Non Citation of Enabling Provisions Striking Out Vs Dismissal

Case Brief

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Parties

Masolwa D. Masalu

Appellant

The Attorney General

1st Respondent

District Executive Director, Mbozi District Council

2nd Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Ruling Striking Out Application

Legal Issues

  1. 1 Whether an appeal lies as of right from an order striking out an application for non-citation of enabling provisions
  2. 2 Whether the High Court erred in holding the application incompetent for citing a non-existing law
  3. 3 Whether the appellant was denied the right to be heard on the issue of non-citation of Rule 56 of the Labour Court Rules, 2007

Ratio Decidendi

The appeal was incompetent because the High Court's order striking out the application for non-citation of enabling provisions did not finally determine the rights of the parties, and thus no right of appeal existed as of right; the appellant should have filed a fresh application or sought leave to appeal.

Court Disposition

Appeal struck out

Orders

  • Appeal struck out for incompetence
  • No order as to costs