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Tanzania Case Law

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Labour law CIVIL CASE NO

CIVIL CASE NO

The High Court lacks jurisdiction over tortious claims arising from employment relationships, which are within the exclusive jurisdiction of the CMA or Labour Court. The cause of action arose in 2017 when the injury occurred, making the suit time barred under the Law of Limitation Act. Section 30(1) of the Workers Compensation Act does not apply as the alleged negligence was not the cause of the injury but related to delayed reporting.

  • Limitation of actions
  • Jurisdiction
  • Employer liability
  • Negligence
  • Workers compensation
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Tort CIVIL APPEAL NO 320 OF 2022 THE MANAGING DIRECTOR KENYA COMMERCIAL BANK T LIMITED ALBERT ODONGO VS

CIVIL APPEAL NO 320 OF 2022 THE MANAGING DIRECTOR KENYA COMMERCIAL BANK T LIMITED ALBERT ODONGO VS

The respondent failed to prove, on balance of probabilities, that the employer's letter was defamatory or published to a third party. Unauthorized access by PW2 did not amount to publication. Qualified privilege applied to internal disciplinary communications. Damages awarded below were set aside.

  • Defamation
  • Employer liability
  • Qualified privilege
  • Vicarious liability
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Labour law registered trustees of the civic united front cut applicant vs juma kisesa and others 2021 tzhcld 483 1 november 2021

registered trustees of the civic united front cut applicant vs juma kisesa and others 2021 tzhcld 483 1 november 2021

The High Court upheld a CMA finding that CUF controlled the respondents’ employment through Fahamu Co. Ltd, but quashed a 7% interest award on terminal benefits.

  • Employment relationship
  • Unfair termination
  • Employer liability
  • Interest on terminal benefits
  • Employment-relationship
  • Unfair-termination
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Tort 20190207 TZHC Dar es Salaam

20190207 TZHC Dar es Salaam

The High Court dismissed an ex parte personal injury claim after finding the plaintiff had not proved negligence, mechanical defect, or causation.

  • Negligence
  • Employer liability
  • Personal injury
  • Personal-injury
  • Employer-liability
  • Mechanical-defect
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Employment law shafii ismail chilumba vs mmi steel mills ltd 2018 tzhc 2309 19 february 2018

shafii ismail chilumba vs mmi steel mills ltd 2018 tzhc 2309 19 february 2018

The trial court erred in holding it had no jurisdiction, as the Workers Compensation Act, 2008 does not preclude civil claims for negligence against employers. The plaintiff's claim was based on alleged negligence, not statutory compensation, and thus the Resident Magistrate’s Court had jurisdiction to entertain the suit.

  • Workers compensation
  • Employer liability
  • Negligence
  • Jurisdiction
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Employment law 20180219 TZHC Dar es Salaam1

20180219 TZHC Dar es Salaam1

The trial court erred in holding it lacked jurisdiction; the Workers Compensation Act, 2008 does not bar civil claims for negligence against an employer. The plaintiff's claim was based on alleged negligence, not statutory compensation, and the Magistrate's Court had jurisdiction to hear the suit.

  • Workers compensation
  • Employer liability
  • Jurisdiction
  • Negligence
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Employment law shafii ismail chilumba vs mmi steel mills ltd 2018 tzhc 35 19 february 2018

shafii ismail chilumba vs mmi steel mills ltd 2018 tzhc 35 19 february 2018

The Magistrate’s Court erred in holding it lacked jurisdiction; the Workers Compensation Act, 2008 does not bar a civil suit for damages based on employer negligence, and the plaintiff’s claim was not limited to statutory compensation but alleged negligence, thus the suit should proceed on its merits.

  • Workers compensation
  • Employer liability
  • Jurisdiction
  • Negligence
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Employment law 20151218 TZHC Dar es Salaam

20151218 TZHC Dar es Salaam

The High Court upheld damages for a worker who lost a finger, finding restitution in integrum inapplicable and dismissing objections to the loss-of-earnings award.

  • Employer liability
  • Compensation for personal injury
  • Assessment of damages
  • Loss of earnings
  • Employment-law
  • Personal-injury
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Tort law paschal mbilauli vs tanzania zambia railway authority 2015 tzhc 2093 21 august 2015

paschal mbilauli vs tanzania zambia railway authority 2015 tzhc 2093 21 august 2015

Both Plaintiff and Defendant were equally negligent in causing the accident. The Plaintiff failed to strictly prove specific damages beyond what was already paid. The Plaintiff is entitled to general damages and subsistence allowance for four months, but not to further specific damages or additional compensation beyond what was already paid under the Workmen's Compensation Act.

  • Workplace injury
  • Contributory negligence
  • Workmen's compensation
  • Damages
  • Employer liability
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