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Tanzania Case Law

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Labour law 93

93

The parties are bound by the Deed of Settlement and retrenchment agreement, which covered repatriation and notice payments; CMA erred in awarding additional amounts beyond the agreed settlement.

  • Retrenchment
  • Repatriation
  • Settlement deed
  • Notice payment
  • Employment contract breach
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Labour law ephraim joram vs director tanga cement company limited 2024 tzca 154 4 march 2024

ephraim joram vs director tanga cement company limited 2024 tzca 154 4 march 2024

The appellant's claim for unpaid salaries from July 1985 to retirement in 2005 was not covered by the 2004 settlement deed, and the doctrine of estoppel did not apply to bar this claim. The High Court erred in awarding only 12 months' salary based on an inapplicable legal provision. The proper award was the full unpaid salary arrears as determined by the CMA.

  • Unpaid salaries
  • Doctrine of estoppel
  • Settlement deed
  • Terminal benefits
  • Compensation for occupational disease
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Land law veronica adonica mwanjela vs mwanga hakika microfinance bank ltd 2023 tzhclandd 16950 29 september 2023

veronica adonica mwanjela vs mwanga hakika microfinance bank ltd 2023 tzhclandd 16950 29 september 2023

The appellant failed to provide material evidence or legal basis to support claims of improper execution or disposal of mortgaged security; prayers were vague and not substantiated, thus the appeal lacked substance.

  • Execution of decree
  • Settlement deed
  • Burden of proof
  • Mortgage security disposal
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Land law victoria rweikiza vs alex msama mwita 2 others 2022 tzhclandd 12283 19 september 2022

victoria rweikiza vs alex msama mwita 2 others 2022 tzhclandd 12283 19 september 2022

The applicant was properly served through her watchman, and affidavits of service were on record. The power of attorney on record authorized the 3rd respondent to dispose of the property. The applicant's claims of being condemned unheard and illegal dispossession are unfounded. There is no material error or injustice to warrant revision. The application lacks merit and is dismissed with costs.

  • Right to be heard
  • Service of summons
  • Settlement deed
  • Power of attorney
  • Revisionary jurisdiction
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Civil procedure CIV

CIV

The appeal was incompetent as the appellant failed to lodge the letter requesting for proceedings within thirty days of the impugned decision, contravening Rule 90(1) of the Tanzania Court of Appeal Rules, 2009. The certificate of delay could not exclude the period between the judgment and the late request, rendering the appeal out of time.

  • Appeal competence
  • Timeliness of filing
  • Settlement deed
  • Right to be heard
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.