20050615 TZHC Dar es Salaam

20050615 TZHC Dar es Salaam

The reference to the Minister for Labour was made on 5.1.98, within the prescribed twenty-eight days from the Board's decision of 12.12.97. The High Court erred in striking out the application for certiorari as incompetent, as it failed to consider the timely reference. The appeal is allowed, the High Court's decision is quashed, and the matter is remitted for hearing on the merits.

Citation
20050615 TZHC Dar es Salaam
Parties
Appellant: Tanzania Harbours Authority; 1st Respondent: Minister for Labour; 2nd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 June 2005
Procedural Posture
Civil Appeal / Appeal From High Court Ruling Striking Out Application for Certiorari
Outcome
appeal allowed
Legal Topics
Jurisdiction, Certiorari, Disciplinary Proceedings, Termination of Employment, Limitation Period
Source Language
English
Employment Law Administrative Law Jurisdiction Certiorari Disciplinary Proceedings Termination of Employment Limitation Period

Case Brief

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Parties

Tanzania Harbours Authority

Appellant

Minister for Labour

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Ruling Striking Out Application for Certiorari

Legal Issues

  1. 1 Whether the reference to the Minister for Labour was filed within the prescribed time under the Security of Employment Act, 1964
  2. 2 Whether the High Court erred in striking out the application for certiorari as incompetent
  3. 3 Whether the Minister and the Conciliation Board had jurisdiction to re-hear and re-determine the matter

Ratio Decidendi

The reference to the Minister for Labour was made on 5.1.98, within the prescribed twenty-eight days from the Board's decision of 12.12.97. The High Court erred in striking out the application for certiorari as incompetent, as it failed to consider the timely reference. The appeal is allowed, the High Court's decision is quashed, and the matter is remitted for hearing on the merits.

Court Disposition

appeal allowed

Orders

  • proceedings and decision of the High Court dated 8.2.2002 quashed
  • Misc. Civil Cause No. 94 of 1999 to be heard by the High Court on its merits by another judge