remigious muganga vs barrick bulyanhulu gold mine 2018 tzca 219 10 october 2018

The sole ground of appeal, alleging fraud and perjury, was not raised or decided in the lower courts and thus could not be entertained on appeal. The appeal was therefore dismissed for lack of merit.

Citation: remigious muganga vs barrick bulyanhulu gold mine 2018 tzca 219 10 october 2018
Parties: Appellant: Remigious Muganga; Respondent: Barrick Bulyanhulu Gold Mine
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 10 October 2018
Procedural Posture: Civil Appeal / Final Appellate Judgment
Outcome: appeal dismissed
Legal Topics: Execution of Consent Decree, Terminal Benefits, Repatriation Allowance, Set Off of Loan, Fraud Allegations on Appeal
Source Language: English

Labour Law Civil Procedure Execution of Consent Decree Terminal Benefits Repatriation Allowance Set Off of Loan Fraud Allegations on Appeal

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Parties

Remigious Muganga

Appellant

Barrick Bulyanhulu Gold Mine

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

1 Whether the High Court and Registrar's decisions were procured by fraud, perjury, or illegality
2 Whether the appellant was entitled to additional terminal benefits including repatriation and daily subsistence allowance
3 Whether the respondent's set-off of an outstanding loan from terminal benefits was proper

Ratio Decidendi

The sole ground of appeal, alleging fraud and perjury, was not raised or decided in the lower courts and thus could not be entertained on appeal. The appeal was therefore dismissed for lack of merit.

Court Disposition

appeal dismissed

Orders

Each party to bear its own costs