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Citation
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Judgment date
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| December 2022 |
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Court revised CMA ruling and granted the applicant extension to seek to set aside an ex-parte award due to raised immunity issue.
Labour law – extension of time to apply to set aside ex-parte award; procedural fairness; alleged diplomatic/organizational immunity under Diplomatic and Consular Immunities and Privileges Act; illegality as a ground for extension; jurisdiction and service in ex-parte proceedings.
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23 December 2022 |
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Court extended time to file labour complaint to interpret a retrenchment agreement, favouring a merits hearing.
Labour law — extension of time — application to file labour complaint out of time to interpret retrenchment agreement — interest of justice — parties mistakenly proceeded to CMA after failed mediation — delay not inordinate.
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23 December 2022 |
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CMA retains jurisdiction over employment disputes arising before the 2016 Public Service Act amendments; matter remitted for mediation/arbitration.
* Labour law – Jurisdiction of the Commission for Mediation and Arbitration – Temporal application of Public Service Act amendments – disputes arising before 18 November 2016 remain within CMA jurisdiction; matter remitted for mediation and arbitration under the Employment and Labour Relations Act.
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22 December 2022 |
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Court granted 30-day extension to file notice of appeal, finding one-month delay adequately explained and not inordinate.
Labour law – extension of time – application of Lyamuya principles; accounting for delay; diligence vs negligence; counsel’s professional engagements as sufficient cause.
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22 December 2022 |
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21 December 2022 |
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Leave granted to seek judicial review of alleged ultra vires termination breaching natural justice and the church constitution.
Judicial review—leave to apply—conditions for leave (arguable case, within six months, sufficient interest); ultra vires acts; natural justice; ecclesiastical body’s constitution; certiorari and prohibition.
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19 December 2022 |
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The court quashed the CMA award because the unfair-termination claim was filed out of time and the CMA lacked jurisdiction.
Labour law – jurisdiction – time limitation for unfair-termination disputes under Rule 10(1) GN. No. 64 of 2007; incompetent/defective CMA F1 (inconsistent dates); condonation necessary for late filing; nullity of proceedings where tribunal lacks jurisdiction.
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16 December 2022 |
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Whether employees were constructively dismissed, entitled to salary arrears, and whether a deduction claim was time-barred.
Employment law – constructive dismissal – resignation attributable to intolerable conduct; Labour institutions – CMA jurisdiction and time limits; Limitation – electronic filing date governs computation of time; Salary arrears – no entitlement where employer ceased operations; Unlawful deduction claim – separate dispute and time-barred under G.N. No.64 r.10.
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16 December 2022 |
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The applicant's dismissal was substantively and procedurally unfair; CMA award quashed and 12 months' compensation ordered.
Employment law — unfair termination; abscondment as potential misconduct; procedural fairness — service of disciplinary documents by email where access blocked; employer's burden to prove fairness (s.39 Cap 366); remedy — compensation under s.44.
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16 December 2022 |
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Appeal dismissed: new factual claims cannot be raised on second appeal and child welfare controls custody decisions.
Matrimonial law – division of matrimonial assets; appellate review – inadmissibility of fresh matters on appeal; custody of children – welfare paramount, child’s choice; Law of the Child Act s.4(1); Law of Marriage Act ss.125(2), 26, 127.
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15 December 2022 |
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An advocate’s affidavit based on clients’ information is hearsay and renders the supported application incompetent.
* Civil procedure – Affidavit evidence – Deponent must have personal knowledge; advocate may only depose to matters personally known.
* Evidence – Hearsay – Affidavit referring to information from another person is hearsay unless that person swears.
* Civil procedure – Incompetent application – supporting affidavit defective renders application liable to be struck out.
* Interlocutory relief – Mareva/injunctive application – procedural compliance is prerequisite to consideration on merits.
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15 December 2022 |
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Employer failed to prove operational reasons or follow procedure; employee entitled to compensation for remaining fixed-term period.
Employment law – Fixed-term contract – Early termination for operational requirements; burden on employer to prove genuine operational reasons; Code of Good Practice (Rules 8 & 9) – requirement of fair procedure and agreement for early termination; Remedies – compensation for unexpired period of fixed-term contract; review of CMA awards.
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14 December 2022 |
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Applicant failed to prove an employer-employee relationship; appeal dismissed and each party to bear own costs.
Labour law – proof of employment relationship – application of statutory indicia (s.61 Labour Institutions Act) and burden of proof (Evidence Act) – absence of documentary evidence and witnesses fatal to claimant's case.
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14 December 2022 |
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Fixed‑term contracts expire automatically; timely notice of non‑renewal extinguishes any reasonable expectation of renewal.
* Employment law – Unfair termination – burden of proof on employer under section 39 of the Employment and Labour Relations Act.
* Employment law – Fixed‑term contracts – automatic termination on expiry (Code of Good Practice rule 4(2)).
* Employment law – Notice of non‑renewal – effect on reasonable expectation of renewal (rule 4(3)).
* Contract clauses – probation provision does not negate fixed‑term expiry where contract term governs.
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14 December 2022 |
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Insufficient corroboration of retracted cautions and flawed video-recordings led to acquittal of all accused for two murder counts.
Criminal law – Murder – Unnatural death (blunt force trauma) established by post-mortem; Evidence – retracted caution statements and confessions of co-accused require corroboration; Electronic evidence – video-recorded police interviews admissible under s.59 CPA and assessed under Electronic Transactions Act but weight may be reduced by recording defects; Standard of proof – prosecution must prove guilt beyond reasonable doubt.
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14 December 2022 |
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Retrenchment procedures through the recognised union were followed; the review application lacked merit and is dismissed.
Employment law – Retrenchment procedure – Requirement to notify and consult employees or recognised trade union (s.38 Employment and Labour Relations Act; Rules 23–24 Code of Good Practice) – Evidence of union consultations (exhibit D3) held sufficient to validate procedure; unsupported allegations of pregnancy-based dismissal dismissed.
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13 December 2022 |
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Prolonged unpaid leave and denial of workplace access amounted to constructive dismissal; compensation awarded.
Employment law – constructive dismissal – prolonged unpaid leave and denial of workplace access; Evidence – electronic communications – requirement of foundation, authorship or custody for admissibility; Labour law – compliance with GN. No. 42 of 2007 (Rules 15, 17, 18) and section 36(a)(ii) ELRA – fairness of reasons and procedures for performance-related measures.
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13 December 2022 |
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Fixed-term employment ended by expiry; initial pleadings are not evidence unless admitted; revision dismissed.
Labour law – evidence: pleadings/maelezo ya awali are not evidence until admitted; Employment law – fixed-term contract (one-year) – distinction between offer and concluded contract; Termination – effluxion of time and notice of non-renewal; Revision – absence of merit where Tribunal properly evaluated evidence.
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13 December 2022 |
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Procedural failures in retrenchment under section 38 entitled the applicant to compensation despite valid operational reasons.
* Employment law – fixed‑term contracts – renewal by default where employee continues work after expiry (Rule 4(3) GN.42/2007). * Retrenchment – operational requirements/economic hardship may constitute valid substantive reason. * Labour procedure – statutory consultation and disclosure requirements under section 38 E&LR Act; failure to produce minutes may vitiate claimed consultation. * Evidence – one‑sided unsigned contract inadmissible to prove renewal; oral managerial testimony insufficient when contested. * Remedy – procedural unfairness attracts compensation even where reasons are valid.
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13 December 2022 |
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Extension of time denied: applicants failed to account for delay, lacked diligence, and illegality was not apparent.
Labour law — Extension of time — Applicants must account for all days of delay and show diligence; inordinate delay requires strong justification; illegality justifying extension must be apparent on the face of the record; deputy registrar’s exercise of jurisdiction under Order XLIII Rule 1 considered.
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13 December 2022 |
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Application to restore a revision dismissed for want of prosecution was dismissed for failure to show good cause and reliance on hearsay.
* Labour procedure – restoration of matters dismissed for want of prosecution – applicant must show good cause for non‑appearance under Rule 36(1) GN. No. 106/2007.
* Evidence – hearsay – allegations about another person's reasons for non‑appearance require that person’s affidavit.
* Civil procedure – litigant’s duty to follow up counsel/representative; negligence or passive reliance ordinarily does not constitute good cause.
* Limitation/delay – unexplained delay and failure to account for dates of non‑appearance justify dismissal of restoration application.
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13 December 2022 |
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Extension of time to appeal refused where consent for representative suit was defective and delay unexplained.
Labour law — extension of time to appeal — alleged illegality as ground for extension — requirement that illegality be apparent on face of record; Representative proceedings — consent to representation — certainty of parties and proper identification; Procedural law — requirement to account for each day of delay; Legal practice — ignorance of law or advocate's negligence ordinarily not good cause for extension.
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12 December 2022 |
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Reassignment of a partly heard arbitration without recorded reasons vitiated the CMA proceedings, requiring a retrial de novo.
Labour law – arbitration procedure – reassignment of partly heard disputes – successor arbitrator must record reasons for taking over; failure to do so vitiates proceedings and award – sections 15(1)(b) Labour Institutions Act and 88(2)(a), 88(3)(a) Employment and Labour Relations Act.
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12 December 2022 |
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Employer failed to prove lawful redundancy or follow retrenchment procedures; representative employee testimony was sufficient, application dismissed.
Employment law – unfair dismissal and retrenchment – employer must prove genuine redundancy and compliance with procedural requirements (s38 Employment and Labour Relations Act; GN No. 42/2007 reg 23) – evidentiary sufficiency of representative witness testimony where employees have identical complaints.
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12 December 2022 |
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Arbitrator’s arbitrary closure of employer’s case violated right to be heard; CMA award quashed and remitted for rehearing.
* Labour law – Representative complaints at the CMA – validity of CMA Form No.1 and requirement to list additional parties.
* Labour law – Evidence – whether testimony of some claimants can prove a common claim for all.
* Procedural fairness – right to be heard – arbitrator’s power to adjourn or close a party’s case and limits of that power.
* Employment – fixed-term contracts and consequences of business suspension during COVID-19 (raised but not finally determined).
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12 December 2022 |
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Applicant resigned due to unpaid leave without time limit; court found constructive dismissal and awarded TZS 1,680,000.
Employment law – Constructive dismissal – Unpaid leave without fixed duration as intolerable working condition – Employer’s duty to keep and produce employment records (s.15(1),(5) ELRA Cap 366) – Remedy and quantum of compensation.
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12 December 2022 |
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Mediator lacked jurisdiction to grant condonation; defective condonation and forms led to CMA award being quashed.
Labour law — condonation — procedural requirements for CMA F1 and CMA F2 — Rule 11(3) and 11(4) of GN. No.64/2007 — negotiations not a ground for extension of time — mediator lacks jurisdiction to grant condonation — CMA award nullified and set aside.
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12 December 2022 |
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CMA proceedings nullified for defective filing, improper recording and arbitrator’s biased procedure; award quashed and remitted for rehearing.
Labour law – procedural fairness – defective CMA F1 for failure to specify exact date of dispute; improper recording of proceedings; absence of original award in CMA file; arbitrator’s interruption of cross-examination and re-opening of examination-in-chief contrary to Rule 25(3) GN. No.67/2007 – denial of right to be heard and appearance of bias – CMA proceedings nullified and award quashed; matter remitted for de novo hearing.
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12 December 2022 |
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Application to pierce corporate veil struck out as premature for failure to exhaust ordinary execution remedies.
* Company law – lifting or piercing the corporate veil – ordinarily a last resort where company assets are insufficient. * Civil procedure – execution of decree – requirement to exhaust ordinary modes of execution under Order XXI Rule 10(2)(j) before proceeding against third parties. * Jurisdiction – Section 94 and inherent powers permit court to entertain applications facilitating labour law enforcement. * Procedural law – prematurity as a pure point of law that may be struck out on preliminary objection.
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8 December 2022 |
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An appeal filed outside the forty-five day limit without leave, and supported by altered record dates, is incompetent and struck out.
* Criminal procedure – Time limits for filing appeals – appeal to be filed within forty-five days (excluding time to obtain copies).
* Evidentiary irregularity – alteration of record dates to misrepresent supply date of proceedings.
* Procedure – necessity of obtaining leave to file appeal out of time; consequences of failing to obtain leave – appeal incompetent and struck out.
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7 December 2022 |
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Revision dismissed; termination for continuing work stoppage upheld and discrimination claim not entertained on revision.
Labour law – Revision of arbitration award – Sufficiency of grounds for revision; Evidence – Reliance on minutes and attendance list to establish agreement to resume work; Termination – Continued work stoppage as fair reason for dismissal; Procedural bars – Issues not raised at first instance cannot be introduced on revision.
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7 December 2022 |
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A defective charge and an ambiguous plea render conviction a nullity; appellant ordered released.
Criminal procedure – plea of guilty – requirement for unequivocal plea and that charge disclose an offence known to law; defective charge under wrong statutory provision renders proceedings nullity; ambiguous admission "It is true" insufficient in technical offences; conviction and sentence set aside.
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7 December 2022 |
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Executing officer, not mediator, has jurisdiction to calculate amounts for executing a settlement where reinstatement was not complied with.
Labour—Settlement execution—Reinstatement order not complied with—Execution and computation of monetary relief fall within executing officer's jurisdiction, not mediator's—Mediator's limited powers and functus officio—Time-bar provisions for correcting awards inapplicable to execution calculations.
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5 December 2022 |
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Employer proved forgery and followed required disciplinary procedures; termination was substantively and procedurally fair.
Employment law – termination for misconduct – proof on balance of probabilities; Banking sector – high standard of honesty required; Procedural fairness – compliance with Rule 13 (investigation and disciplinary hearings); Relevance of external contractual dispute clause to internal disciplinary action.
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2 December 2022 |
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Applicant failed to account for delay; extension of time to appeal against Deputy Registrar's ruling was refused.
Extension of time – requirement to show good cause and account for each day of delay – technical delay – pursuing revision does not automatically justify extension to appeal – execution proceedings.
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2 December 2022 |
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2 December 2022 |
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Where accused disputes land ownership, trespass charges must await resolution by the land tribunal; certificate of occupancy may be challenged.
* Criminal law — Criminal trespass v. land dispute — where ownership is disputed, criminal courts should not decide trespass before civil/land tribunal determination. * Land law — Certificate of occupancy is prima facie evidence but can be challenged; ownership issues fall to civil/land fora. * Procedure — CPA s.4(3) (amendment) supports mandatory exhaustion of civil remedies before criminal prosecution. * Costs — award of costs in criminal appeal quashed.
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2 December 2022 |
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Judicial review dismissed: institutional regulations invalid, new ultra vires ground not raised on appeal, prima facie misconduct established.
* Judicial review – certiorari and mandamus – challenge to presidential termination of employment – limits where new grounds not raised on appeal.
* Administrative law – ultra vires – whether disciplinary authorities exceeded powers – requirement to raise ground on appeal.
* Public service procedure – validity of internal regulations/guidelines – requirement for ministerial approval/publication.
* Procedural fairness – timing of interdiction/charging and consideration of evidence (CAG report) on appeal.
* Evidence – prima facie misconduct and financial loss as basis for disciplinary sanction.
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1 December 2022 |
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Court: dismissal substantively justified but procedurally unfair for not supplying investigation report; compensation reduced to three months.
* Employment law – termination – substantive fairness (gross negligence, breach of trust) under s.37 Cap 366 and Rule 12 GN No.42/2007. * Employment law – procedural fairness – obligation to conduct investigation and supply investigation report; failure to share report vitiates hearing (Rule 13). * Relief – quantum of compensation for procedurally unfair dismissal where substantive reason exists; reduction of award.
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1 December 2022 |
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CMA award quashed because the unfair-termination claim was prematurely filed without a final termination decision.
Labour law – unfair termination – jurisdiction – premature referral to CMA – Rule 10(1) G.N. No.64/2007; extension of suspension versus final decision to terminate; review and quashing of CMA award for prematurity.
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1 December 2022 |