patrobert d ishengoma vs kahama mining corporation ltd barrick tanzania bulnhulu others 2018 tzca 227 20 october 2018

patrobert d ishengoma vs kahama mining corporation ltd barrick tanzania bulnhulu others 2018 tzca 227 20 october 2018

The High Court's decision in Misc. Civil Cause No. 97 of 2007 is a nullity because it was made without affording the applicant a right to be heard, violating the fundamental rule of natural justice and Article 13(6)(a) of the Constitution.

Citation
patrobert d ishengoma vs kahama mining corporation ltd barrick tanzania bulnhulu others 2018 tzca 227 20 october 2018
Parties
Applicant: Patrobert D. Ishengoma; 1st Respondent: Kahama Mining Corporation Ltd (Barrick [Tanzania] Bulyanhulu); 2nd Respondent: Minister for Labour, Employment and Youth Development; 3rd Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 October 2018
Procedural Posture
Civil Application for Revision / Ruling on Application for Revision of High Court Decision
Outcome
Application allowed
Legal Topics
Right to Be Heard, Natural Justice, Judicial Review, Procedural Fairness, Labour Dispute, Revision Proceedings
Source Language
English
Administrative Law Labour Law Constitutional Law Right to Be Heard Natural Justice Judicial Review Procedural Fairness Labour Dispute +1 more

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Parties

Patrobert D. Ishengoma

Applicant

Kahama Mining Corporation Ltd (Barrick [Tanzania] Bulyanhulu)

1st Respondent

Minister for Labour, Employment and Youth Development

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Civil Application for Revision / Ruling on Application for Revision of High Court Decision

Legal Issues

  1. 1 Whether the High Court's decision quashing the Minister's order without hearing the applicant violated the right to be heard
  2. 2 Whether the proceedings and decision in Misc. Civil Cause No. 97 of 2007 are null due to procedural irregularity

Ratio Decidendi

The High Court's decision in Misc. Civil Cause No. 97 of 2007 is a nullity because it was made without affording the applicant a right to be heard, violating the fundamental rule of natural justice and Article 13(6)(a) of the Constitution.

Court Disposition

Application allowed

Orders

  • The decision of the High Court in Misc. Civil Cause No. 97 of 2007 is nullified and set aside.
  • The case file is remitted to the High Court for a fresh hearing of the judicial review after joining the applicant as a respondent.