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Tanzania decisions
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Applicants conceded to preliminary objection at CMA, depriving CMA opportunity to deliberate on jurisdictional arguments. New arguments cannot be raised at revision stage. CMA erred in dismissing the matter; it should have struck it out. Application dismissed except for substitution of dismissal with striking out.
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The applicant has no cause of action against the 3rd respondent as no act or omission is alleged and declaratory relief is not available in judicial review; however, the applicant has established a prima facie case for leave to apply for judicial review against the 1st and 2nd respondents based on alleged denial of hearing and possible ultra vires action by the President.
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The High Court’s Labour Division dismissed a labour revision, holding it lacked jurisdiction over a dispute involving a public servant and could not grant leave to pursue the matter elsewhere.
The court lacks jurisdiction to entertain the application because Tanzania Ports Authority is a public service office as established by binding precedent, and therefore disputes involving its employees fall outside the court's jurisdiction.
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The President's power to terminate police officers is governed specifically by the PFPSC Act, which does not recognize 'retirement in public interest'; thus, the respondents' termination was unlawful and they are entitled to damages.
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The High Court dismissed a criminal appeal, upholding a conviction for stealing by a person employed in public service and finding the sentence was not excessive.
The High Court partly allowed a criminal appeal, upholding theft of a fish net but setting aside a conviction for theft of a canoe for lack of sufficient evidence.
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