20060522 TZHC Dar es Salaam

1 IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM. MISC CIVIL CAUSE N0.38 OF 2004 TANZANIA PORTLAND CEMENT CO.LTD .......... APPLICANT VERSUS 1) THE MINISTER FOR LABOUR & } YOUTH DEVELOPMENT RESPONDENTS 2) THE ATTORNEY GENERAL 3) HILDA MSUMARI EXPARTE RULING A.Shangwa,J. / This is an application for leave to appeal to the Court of Appeal of Tanzania against the ruling of Honourable Mr. Justice Ihema J (Rtd) dated 8th February, 2005 in Misc. Civil Application No. 38 of 2004. It has been brought under r. 43 (a) of the Court of Appeal Rules, 1979 and S. 5 (1) (c) of the Appellate Jurisdiction Act, 1979. It is supported by the affidavit of Nelly Mwasongwe. I • 2 In his ruling, Ihema, J. dismissed the applicant's application for prerogative Orders of Certiorari and mandamus against the decision of the Minister for Labour and Youth Development dated 24.1.2004. In his decision, the said Minister Confirmed the decision of the conciliatory Board of kinondoni District for reinstatement of Hilda Msumari (3 rd respondent) in her employment with the applicant and for payment of her salaries which she would have earned had she not been terminated from her employment with the applicant. Learned counsel for the applicant Mr. Sam Mapande told the Court that there are three points of law upon which the applicant is seeking for leave to appeal to the Court of Appeal of Tanzania against Ihema, J's ruling in the afore- said case. The first one is :Whether it meets the test of legal 3 reasonableness in this era to order the reinstatement of an employee who was terminated almost nine years ago and given her statutory benefits. The Second one is: Whether the Minister vyas not supposed to give a reasoned decision along the principle laid down by the High Court in James Gwagilo VS The Attorney general (1994) TLR Page 73. The third one is :Whether the Minister did not Contravene the duty to act judicially by not showing that he Considered the submissions of the parties which were made according to his own Orders. In my opinion, the above mentioned points of law which have been raised by learned Counsel for the applicant. Mr. Sam Mapande are involved in Ihema, J'S ruling and are · worth of Consideration by the Court of Appeal of Tanzania. I therefore grant this application for leave to appeal to the said Court. I t l.r 4 • JUDGE 22/05/2006 Delivered in Court this 22 nd day of May, 2006. JUDGE 22/05/2006