managher steel structure system ltd vs issa mnyama and 2 others 2012 tzhc 74 17 october 2012

managher steel structure system ltd vs issa mnyama and 2 others 2012 tzhc 74 17 october 2012

The Temeke District Court lacked jurisdiction to entertain the matter as the Employment Act, Cap 366 had been repealed and the transitional period expired before the suit was filed. However, the respondents were not time-barred due to exclusion of time spent in prior proceedings under section 21 of the Law of...

Source-derived case information.

Citation
managher steel structure system ltd vs issa mnyama and 2 others 2012 tzhc 74 17 october 2012
Parties
Applicant: Steel Structure Systems Ltd; Respondent: Issa Mnyawa; Respondent: Jamila Mtunzi; Respondent: Rajabu Simba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 October 2012
Procedural Posture
Civil Revision / Judgment
Outcome
proceedings quashed and set aside
Legal Topics
Jurisdiction, Limitation Period, Transitional Provisions, Repealed Statutes
Source Language
english
Labour Law Civil Procedure Jurisdiction Limitation Period Transitional Provisions Repealed Statutes

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Summary, issues, holding and outcome

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Parties

Steel Structure Systems Ltd

Applicant

Issa Mnyawa

Respondent

Jamila Mtunzi

Respondent

Rajabu Simba

Respondent

Procedural Posture

Civil Revision / Judgment

Legal Issues

  1. 1 Whether the District Court had jurisdiction to entertain the employment dispute after repeal of the Employment Act, Cap 366
  2. 2 Whether the suit was filed within the limitation period

Ratio Decidendi

The Temeke District Court lacked jurisdiction to entertain the matter as the Employment Act, Cap 366 had been repealed and the transitional period expired before the suit was filed. However, the respondents were not time-barred due to exclusion of time spent in prior proceedings under section 21 of the Law of Limitation Act.

Court Disposition

proceedings quashed and set aside

Orders

  • All proceedings in Employment Cause No. 2 of 2010 at Temeke District Court are quashed and set aside.
  • No order as to costs.