19950907 TZHC Dar es Salaam
Applicant was not in managerial category and thus not excluded from Security of Employment law. Salary arrears and fringe benefits are only payable up to February 1992, as specifically pleaded, not up to judgment date. Interest to be calculated as pleaded in reliefs. No order as to costs.
- Citation
- 19950907 TZHC Dar es Salaam
- Parties
- Applicant: Mr. Shamwowo; Respondent: TIPER
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 September 1995
- Procedural Posture
- Civil Case / Post Judgment Application for Review
- Outcome
- Application partly allowed, partly dismissed.
- Legal Topics
- Review of Judgment, Interest on Decretal Sum, Employment Termination Date, Managerial Category Determination
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mr. Shamwowo
Applicant
TIPER
Respondent
Procedural Posture
Civil Case / Post Judgment Application for Review
Legal Issues
- 1 Whether the applicant was entitled to salary arrears and fringe benefits up to 31/5/95
- 2 Whether the applicant was in the management category and excluded from Security of Employment law
- 3 Whether the judgment should specify interest rates payable on the decretal sum
Ratio Decidendi
Applicant was not in managerial category and thus not excluded from Security of Employment law. Salary arrears and fringe benefits are only payable up to February 1992, as specifically pleaded, not up to judgment date. Interest to be calculated as pleaded in reliefs. No order as to costs.
Court Disposition
Application partly allowed, partly dismissed.
Orders
- Interest to be calculated as pleaded in reliefs (b) and (d).
- Applicant not in managerial category; Security of Employment law applies.
Full Case Text
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