20121017 TZHC Dar es Salaam

20121017 TZHC Dar es Salaam

The Temeke District Court lacked jurisdiction to entertain the matter as the Employment and Labour Relations Act, No. 6 of 2004, had come into force on 20th December 2006, and the three-year transitional period expired on 20th December 2009. The suit was filed after the cut-off date and could not be continued under the repealed law. However, the respondents were not time-barred due to the exclusion of time spent in previous proceedings under section 21 of the Law of Limitation Act.

Citation
20121017 TZHC Dar es Salaam
Parties
Appellant: The Manager, 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, Repeal of Statute
Source Language
English
Labour Law Civil Procedure Jurisdiction Limitation Period Transitional Provisions Repeal of Statute

Case Brief

Summary, issues, holding and outcome

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Parties

The Manager, Steel Structure Systems Ltd.

Appellant

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 and Labour Relations Act, No. 6 of 2004, had come into force on 20th December 2006, and the three-year transitional period expired on 20th December 2009. The suit was filed after the cut-off date and could not be continued under the repealed law. However, the respondents were not time-barred due to the exclusion of time spent in previous proceedings under section 21 of the Law of Limitation Act.

Court Disposition

proceedings quashed and set aside

Orders

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