19881110 TZCA Dar es Salaam2

19881110 TZCA Dar es Salaam2

The High Court had no jurisdiction to entertain the suit as the Security of Employment Act expressly ousts such jurisdiction for matters concerning summary dismissal, except for enforcement of a ministerial decision. The proceedings in the High Court were therefore a nullity and must be quashed.

Citation
19881110 TZCA Dar es Salaam2
Parties
Appellant: Mwanza Textile Limited; Respondent: Augustine Masatu
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 November 1988
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Jurisdiction of Courts, Ouster Clauses, Enforcement of Ministerial Orders, Summary Dismissal
Source Language
English
Employment Law Civil Procedure Jurisdiction of Courts Ouster Clauses Enforcement of Ministerial Orders Summary Dismissal

Case Brief

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Parties

Mwanza Textile Limited

Appellant

Augustine Masatu

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the High Court had jurisdiction to entertain a suit arising from the appellant's failure to comply with a ministerial order for reinstatement under the Security of Employment Act
  2. 2 Whether proceedings in the High Court were a nullity due to statutory ouster of jurisdiction

Ratio Decidendi

The High Court had no jurisdiction to entertain the suit as the Security of Employment Act expressly ousts such jurisdiction for matters concerning summary dismissal, except for enforcement of a ministerial decision. The proceedings in the High Court were therefore a nullity and must be quashed.

Court Disposition

appeal allowed

Orders

  • Proceedings in the High Court declared a nullity
  • All orders made by the High Court set aside