national microfinance bank vs leila mringo others 2021 tzca 233 7 june 2021

national microfinance bank vs leila mringo others 2021 tzca 233 7 june 2021

The Court found that referencing section 40(1)(a) of the ELRA for re-engagement was an obvious and patent mistake constituting a manifest error apparent on the face of the record. The order was reviewed and modified to correctly reference reinstatement under section 40(1)(a).

Citation
national microfinance bank vs leila mringo others 2021 tzca 233 7 june 2021
Parties
Applicant: National Microfinance Bank; Respondent: Leila Mringo; Respondent: Yahaya Juma Ndao; Respondent: Crossman Godfrey Makere
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 June 2021
Procedural Posture
Civil Application for Review / Ruling on Application for Review
Outcome
Application for review granted; prior order modified.
Legal Topics
Unfair Termination, Review of Appellate Judgment, Relief for Unfair Termination, Manifest Error on Record
Source Language
English
Labour Law Civil Procedure Unfair Termination Review of Appellate Judgment Relief for Unfair Termination Manifest Error on Record

Case Brief

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Parties

National Microfinance Bank

Applicant

Leila Mringo

Respondent

Yahaya Juma Ndao

Respondent

Crossman Godfrey Makere

Respondent

Procedural Posture

Civil Application for Review / Ruling on Application for Review

Legal Issues

  1. 1 Whether the Court's prior order contained a manifest error by referencing the wrong statutory provision for re-engagement versus reinstatement
  2. 2 Whether the error warranted review under Rule 66(1)(a) of the Court of Appeal Rules

Ratio Decidendi

The Court found that referencing section 40(1)(a) of the ELRA for re-engagement was an obvious and patent mistake constituting a manifest error apparent on the face of the record. The order was reviewed and modified to correctly reference reinstatement under section 40(1)(a).

Court Disposition

Application for review granted; prior order modified.

Orders

  • Order for re-engagement under section 40(1)(a) of ELRA removed.
  • Order substituted: appellant bank to reinstate respondents in their employment in terms of section 40(1)(a) of ELRA.