19950907 TZHC Dar es Salaam

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

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Parties

Mr. Shamwowo

Applicant

TIPER

Respondent

Procedural Posture

Civil Case / Post Judgment Application for Review

  1. 1 Whether the applicant was entitled to salary arrears and fringe benefits up to 31/5/95
  2. 2 Whether the applicant was in the management category and excluded from Security of Employment law
  3. 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.