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Tanzania decisions
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The High Court Commercial Division denied leave to appeal, holding the grounds raised no arguable issue of general importance or novel point of law.
The High Court held the District Court had jurisdiction to continue hearing execution of a ministerial labour decision arising from repealed labour laws.
The High Court dismissed an appeal over execution of a Minister for Labour’s order, holding the application was filed outside the transitional time limit and the court lacked jurisdiction.
The High Court lacks jurisdiction to entertain the application for extension of time to appeal against a decision of the Industrial Court of Tanzania, as the Industrial Court Act was repealed and such matters now fall under the jurisdiction of the Labour Court according to the Employment and Labour Relations Act No.41 of 2004 and its transitional provisions.
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The High Court held the district court retained jurisdiction over a pre-Land Courts land dispute, allowed the appeal, and ordered the case reopened in the tribunal.
The High Court held that the Temeke District Court lacked jurisdiction over a filed employment claim after the transitional period expired, but the claim was not time-barred.
The Temeke District Court lacked jurisdiction to entertain the matter as the Employment Act, Cap 366, had been repealed and the transitional period expired before the suit was filed; however, the respondents were not time-barred due to the exclusion of time spent in prior proceedings under section 21 of the Law of Limitation Act.
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The Temeke District Court lacked jurisdiction to entertain the matter as the Employment Act, Cap 366 had been repealed and the transitional period expired before the suit was filed. However, the respondents were not time-barred due to exclusion of time spent in prior proceedings under section 21 of the Law of Limitation Act.
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The District Court correctly held it lacked jurisdiction over the labour dispute as the new labour laws had come into force and vested jurisdiction in the Commission for Mediation and Arbitration. The suit was properly dismissed and the appellants advised to file in the proper forum.
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The District Court correctly dismissed the suit for lack of jurisdiction as the new labour laws vested jurisdiction in the Commission for Mediation and Arbitration (CMA) from December 2006, and the suit was filed after this date.
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