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Tanzania decisions
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The High Court quashed a CMA award, finding the employee’s termination unfair for lack of a valid reason and flawed disciplinary procedure.
The High Court in Mwanza set aside a CMA award, holding that the employee’s termination was unfair substantively and procedurally and awarded compensation.
The failure to join Mbeya Municipal Council, the land allocation authority, as a necessary party was a fundamental procedural error that vitiated the proceedings and judgment of the District Land and Housing Tribunal. Without joining the necessary party, the tribunal could not properly determine the dispute or afford all interested parties the right to be heard.
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Given the complexity and potential impact of the case, the Court exercises its discretion to reopen proceedings and allow additional submissions, including intervention by amici curiae.
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The disciplinary process was vitiated by illegality due to failure to conduct a preliminary inquiry, use of an unsigned and thus defective charge, and denial of the applicant's right to liberty and fair hearing during a bailable offence. These procedural violations rendered the dismissal decision unlawful and invalid, warranting its quashing and the applicant's reinstatement.
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The applicant admitted to the offence of insubordination in his written defence and during the disciplinary hearing. This admission was sufficient to justify termination for misconduct. Procedural requirements for investigation, notice, hearing, and right of appeal were complied with. The applicant was paid all terminal benefits except severance pay, which is not payable upon termination for misconduct. The CMA acted properly as a court of first instance and not as an appellate body for the disciplinary committee.
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The trial tribunal erred in vacating its order to visit the locus in quo without genuine and compelling reasons, given the conflicting evidence on the location and boundaries of the suit land. The proceedings from 08/03/2024 onwards, including the judgment and decree, are nullified, and the matter is remitted for proper procedure.
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The rectification of the land register was procedurally flawed and unjustified as the Appellant was not properly notified or given a fair hearing, and the grounds for rectification did not meet the statutory requirements. The failure to compensate the previous owner was an administrative error by the authorities and should not result in dispossession of the Appellant.
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The African Court reopened pleadings in Tembo Hussein v. Tanzania, accepting the State’s late response and allowing the Applicant 30 days to reply.
The trial tribunal failed to comply with the required procedures for visiting the locus in quo, and the evidence obtained during the visit was insufficient and improperly admitted, rendering the judgment and subsequent orders invalid.
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