20120920 TZHC iRINGA

20120920 TZHC iRINGA

The trial court lacked jurisdiction to determine the suit after three years from the commencement of the Employment and Labour Relations Act, 2004, as the dispute was not resolved within that period and should have been transferred to the Commission for Mediation and Arbitration. Therefore, the trial court's...

Source-derived case information.

Citation
20120920 TZHC iRINGA
Parties
Appellant: Matunda B. C. Co. Ltd; Respondent: Twintike Mwaipopo; Respondent: Anita Kisese; Respondent: Florence Mlowe; Respondent: Zaida Donati
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 September 2012
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Jurisdiction, Employment Benefits, Labour Disputes, Statutory Interpretation
Source Language
english
Employment Law Civil Procedure Jurisdiction Employment Benefits Labour Disputes Statutory Interpretation

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Summary, issues, holding and outcome

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Parties

Matunda B. C. Co. Ltd

Appellant

Twintike Mwaipopo

Respondent

Anita Kisese

Respondent

Florence Mlowe

Respondent

Zaida Donati

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court had jurisdiction to determine the employment dispute after the commencement of the Employment and Labour Relations Act, 2004
  2. 2 Whether the trial court's judgment was a nullity for lack of jurisdiction

Ratio Decidendi

The trial court lacked jurisdiction to determine the suit after three years from the commencement of the Employment and Labour Relations Act, 2004, as the dispute was not resolved within that period and should have been transferred to the Commission for Mediation and Arbitration. Therefore, the trial court's judgment was a nullity.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed with costs.
  • The judgment and orders of the trial court are set aside as a nullity.