benjamin t mangula 20 others vs tanzania zambia railway authority another 2023 tzhcld 1142 9 march 2023
TAZARA is a public entity as it is a statutory corporation wholly owned and controlled by the governments of Tanzania and Zambia, established through domestication of a bilateral treaty. The CMA lacked jurisdiction to entertain the complaint filed after the enactment of the Written Laws Miscellaneous Amendment Act No. 13 of 2016, which requires exhaustion of remedies under the Public Service Act. Procedural amendments apply to actions filed after their commencement, regardless of when the cause of action arose.
Source excerpt
- Jurisdiction of cma
- Public vs private entity status
- Retrospective application of law
- Exhaustion of local remedies