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Tanzania decisions
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The suit was filed in a court lacking territorial jurisdiction since the cause of action and defendants' business were at Kahama, which falls under the Shinyanga Sub-Registry, not Bukoba. Therefore, the High Court at Bukoba has no jurisdiction to entertain the suit.
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The Chief Secretary lacked jurisdiction to entertain the appeal from the Public Service Commission; the appeal was filed out of time; thus, the decision confirming the deceased's termination was illegal and must be quashed. The 1st Respondent must comply with the Public Service Commission's decision reinstating the deceased.
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Section 26(2)(b) of the Parastatal Pensions Act, as amended, does not infringe Article 23 of the Constitution because 'ujira' (remuneration for labour) is distinct from 'pension', and the constitutional protection applies only to remuneration for active employment. The retrospectivity of the provision is not relevant to its constitutionality, and no manifest error or illegality was demonstrated in the prior judgment.
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