Tanzania Case Law

THE OFFICE OF THE ATTORNEY GENERAL V

Court

TANZLII

The application was fatally defective because it was filed in the name of the Office of the Attorney General, who lacks locus standi under section 58(1)(b) of the Labour Institutions Act; only the Labour Commissioner is empowered to file such applications. Additionally, the matter was wrongly titled as a reference instead of an application for certification of point of law, and the mandatory procedures for such applications were not followed. These defects deprived the court of jurisdiction to entertain the matter.

Source excerpt

• Proper citation of parties
• Jurisdiction of labour court
• Certification of point of law
• Filing procedure for references
• Locus standi

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YOKTAN NYONDWI V

Court

TANZLII

The Labour Court has no statutory jurisdiction to exempt a party from paying arbitral fees to the arbitrator; the only jurisdiction provided is to adjust fees if their reasonableness is challenged. The applicant's prayer is not covered by the Arbitration Act or the Employment and Labour Relations Act. The application is therefore dismissed for want of jurisdiction.

Source excerpt

• Jurisdiction of labour court
• Arbitration costs
• Enforcement of arbitral awards
• Interpretation of arbitration act
• Dismissal vs striking out applications

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MISC NO 30794 OF 2024 PETER DAVIS MKONGWA VRS SERENGETI BREWERIES LIMITED 0001

Court

TANZLII

The High Court Labour Division lacks original jurisdiction to grant interim injunctions in matters pending before the CMA; such applications must be made to the CMA, and the Labour Court's jurisdiction arises only upon revision. Granting the application would interfere with the CMA's mandate and contradict the statutory scheme under the ELRA.

Source excerpt

• Jurisdiction of labour court
• Interim injunctions
• Retrenchment
• Employment disputes

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cats tanzania limited vs savio fernandes 2023 tzhcld 1518 10 october 2023

Court

TANZLII

The decision of the Deputy Registrar of the High Court Labour Division is a decision of the High Court itself, and therefore cannot be challenged by way of revision before a Judge of the same court. The proper remedy is review, not revision, as revision is a power exercised by a superior court over a subordinate court. The statutory amendments recognize the Deputy Registrar as part of the High Court, excluding revision as a remedy within the same court. The application for revision is thus misconceived and incompetent.

Source excerpt

• Jurisdiction of labour court
• Revision vs review
• Execution of judgments
• Role of deputy registrar
• Statutory interpretation

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omary bakari liyanga 2 others vs msajili wa vyama vya wafanyakazi na waajiri 2 others 2023 tzhcld 1423 27 september 2023

Court

TANZLII

The High Court Labour Division struck out a miscellaneous application challenging the Registrar’s decision, holding the applicants should have filed an appeal under the proper procedure.

• Jurisdiction of labour court
• Appeals against registrar's decisions
• Proper procedure for challenging registrar's decisions
• Competence of applications
• Labour-law
• Jurisdiction

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north mara gold mine vs john milindi makoko 2023 tzhc 20526 31 august 2023

Court

TZHC

The court lacks jurisdiction to revise condonation rulings granted in favour of applicants by the Commission for Mediation and Arbitration, as section 91 of the Employment and Labour Relations Act only provides for revision of arbitration awards and proceedings. Omnibus applications combining revision of arbitration awards and condonation rulings are incompetent for want of specific legal provision.

Source excerpt

• Revision of arbitration awards
• Condonation rulings
• Omnibus applications
• Jurisdiction of labour court

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Ruling Mwita

Court

TANZLII

The Arbitrator abrogated her duty by failing to consider the central issue of flagging the applicant's bank account, which was pleaded and evidenced. The Labour Court, in revision, cannot re-appreciate evidence but can quash and remit the matter for proper consideration of all relevant facts.

Source excerpt

• Revision of cma award
• Evaluation of evidence
• Flagging of employee bank account
• Employer-employee dispute
• Jurisdiction of labour court

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suleiman m komba vs chama cha walimu tanzaniacwt 2022 tzhcld 979 3 october 2022

Court

TANZLII

The High Court struck out a labour application as premature because the applicant had not exhausted internal remedies under the union constitution and section 53 of the ELRA.

• Exhaustion of internal remedies
• Jurisdiction of labour court
• Interpretation of trade union constitutions
• Premature applications
• Exhaustion-of-internal-remedies
• Premature-applications

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ishik medical education foundation vs labour commissioner 2022 tzhcld 78 7 march 2022

Court

TANZLII

The High Court dismissed a labour appeal as time-barred, holding it was filed outside the 30-day limit without a formal condonation application and was incompetent.

• Time limitation for appeals
• Compliance orders
• Jurisdiction of labour court
• Condonation of delay
• Labour-appeals
• Time-barred-appeals

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CIVIL APPLICATION NO 348 18 OF 2022 PAUL CHANDO VS ICEALION GENERAL INSURANCE

Court

TANZLII

The Court held that the grounds raised by the applicant were not proper grounds for review but were grounds for appeal in disguise. The High Court did not err in its application of the law, nor did it commit a material irregularity. No exceptional circumstances were shown to warrant the exercise of the Court's revisional jurisdiction.

Source excerpt

• Review vs appeal
• Jurisdiction of labour court
• Unfair termination
• Compensation under employment law

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