|
Citation
|
Judgment date
|
| April 2022 |
|
|
A defendant’s written admission supports judgment on admission for the admitted debt; installment relief denied for procedural non-compliance.
Civil Procedure – Order XII r.4 (judgment on admission) – Written admission in defence — Commercial Division Rules r.25 (time to pay) — procedural compliance required for installment relief.
|
30 April 2022 |
|
A termination-based dispute was time-barred and improperly routed; statutory time limits and scheme arbitration procedures must be followed.
Labour law — time limits for unfair dismissal/retrenchment claims; applicability of repealed law (Employment Security Act) and extension notice; jurisdiction of CMA; mandatory dispute-resolution routes in trust deeds (arbitration); effect of prior struck-out or decided proceedings on subsequent referrals.
|
29 April 2022 |
|
A later alleged termination is a distinct cause of action; CMA had jurisdiction and remitted the matter for fresh hearing.
* Labour law – jurisdiction of CMA – res judicata – Section 9 Civil Procedure Code – distinct causes of action (1998 termination v. 2013 alleged termination). * Revision – setting aside CMA ruling and remitting matter for fresh hearing. * Application of Paniellotta v Tanaki criteria for res judicata.
|
29 April 2022 |
|
Unpaid salaries established breach of contract; severance awards require proof of 12 months' service and were largely set aside.
Employment law – breach of contract versus unfair termination; unpaid salaries as breach; entitlement to notice and leave; severance under s.42 ELRA requires proof of 12 months' continuous service; parties bound by pleadings (CMAF1).
|
29 April 2022 |
|
Applicant failed to prove respondent’s capacity to be sued; CMA proceedings and award quashed as incompetent.
Labour law – locus standi – capacity to be sued – burden of proof on applicant to establish respondent’s legal personality – proceedings and arbitration award founded on incompetent proceedings are nullity and liable to be quashed.
|
29 April 2022 |
|
Extension of time to seek interpretation denied for failure to plead illegality or show sufficient cause within limitation period.
Labour procedure – interpretation of judgments – limitation period where none provided in rules – Part III item 21 Law of Limitation (60 days); extension of time – requirements: sufficient cause, accounting for days, non-inordinate delay; illegality ground must be pleaded and is for Court of Appeal to correct; out-of-court negotiations do not suspend limitation.
|
29 April 2022 |
|
Revision dismissed: applicant failed to account for each day of delay and showed gross negligence, negating condonation.
Labour law – condonation/extension of time – duty to account for each day of delay; technical delay does not absolve accounting requirement; degree of lateness and negligence; consideration of prospects of success in condonation applications.
|
29 April 2022 |
|
Extension to revise a CMA condonation order dismissed as an impermissible challenge to an interlocutory decision.
Labour law – interlocutory orders – condonation for late filing is interlocutory; Rule 50 Labour Court Rules bars revision of interlocutory decisions unless final; "nature of the order" test to determine finality and jurisdiction.
|
28 April 2022 |
|
Employees of a statutory, government‑owned corporation are public servants; failure to exhaust Public Service Act remedies meant CMA lacked jurisdiction.
Labour law; jurisdiction of CMA over employees of statutory bodies; definition of public servant under Public Service Act; interpretation of Ports Act s.38A and Public Corporation Act; requirement to exhaust Public Service Act remedies before CMA.
|
28 April 2022 |
|
Termination notice valid despite misnomer; final payment settled employment, CMA award affirmed and revision dismissed.
Employment law – termination notice – service and misnomer – validity of termination notice despite incorrect name – payment in lieu/final payment – signature as acceptance – termination date established – CMA award affirmed.
|
28 April 2022 |
|
CMA lacks jurisdiction over disciplinary disputes involving public servants who have not exhausted Public Service Act remedies.
* Labour law — jurisdiction of CMA — disciplinary disputes involving public servants
* Public Service Act (s31, s32A) — status of employees of public corporations as public servants
* Requirement to exhaust internal remedies under Public Service Act before invoking labour institutions
* Exclusive domain of the Public Service Commission — Court of Appeal precedent (Dominic A. Kaiangi)
|
28 April 2022 |
|
A defective verification clause in an affidavit can render an application incompetent and nullify related CMA proceedings.
Labour law — procedure at CMA — service of summons and ex parte proceedings; Civil procedure — competence of affidavits — verification clause essential; defective verification may vitiate proceedings and render applications incompetent.
|
28 April 2022 |
|
An unfair termination referral filed outside the 30‑day limit deprived the CMA of jurisdiction; awards were quashed.
Labour law — Time limits for unfair termination referrals — Rule 10(1) GN. No. 64 of 2007 — Jurisdictional effect of late referral; Ex parte awards — setting aside/execution; Procedural issues — service and capacity to be sued (not determined).
|
28 April 2022 |
|
CMA lacked jurisdiction as the respondent was a public servant employed on unspecified (permanent) terms.
Labour law — Jurisdiction — CMA jurisdiction over employment disputes involving public servants — Unspecified-term employment treated as permanent — Public Service Act s32A requires matters by public servants to proceed to the Public Service Commission — Public corporations within scope of public service jurisdiction (see Kalangi precedent).
|
28 April 2022 |
|
CMA lacked jurisdiction because the railway authority is a public institution and its employees are public servants.
Labour jurisdiction — Whether disputes of employees of a statutory railway authority fall within CMA jurisdiction — Public corporation/public servant status determined by statutory establishment, government ownership/control and public functions — Clause permitting consideration of employee proposals does not oust public servant status.
|
28 April 2022 |
|
A Labour Court revision against a CMA condonation ruling is incompetent because the condonation order is interlocutory.
* Labour procedure – Rule 50 Labour Court Rules – prohibition on revision/appeal against interlocutory CMA orders; * Condonation orders – interlocutory in nature as they permit, but do not decide, substantive rights; * Nature of order test – remedies sought and whether rights were conclusively determined; * CMA forms – Form No.1 initiates substantive dispute; Form No.2 for condonation is incidental.
|
27 April 2022 |
|
|
27 April 2022 |
|
Condonation upheld; Director General lacked unfettered power to reduce public allowances; respondent awarded TZS 88,500,000.
Labour law – entitlement to investigation/hardship allowances; condonation for late referral – estoppel where applicant did not oppose at CMA; public funds and regulatory control over allowances – limits on Director General’s discretion; transfer versus demotion and impact on remuneration.
|
27 April 2022 |
|
Applicant failed to prove an employment relationship; CMA finding upheld and application dismissed.
Labour law — existence of employment relationship — burden of proof on claimant; admissibility of documentary evidence; right to be heard; application of section 61 LIA.
|
27 April 2022 |
|
A CMA ruling granting condonation is interlocutory; revision under Rule 50 is therefore incompetent and struck out.
Labour procedure — Rule 50 Labour Court Rules — revision barred in respect of interlocutory orders; condonation orders at CMA are interlocutory; CMA Form No.1 defines dispute; CMA Form No.2 (condonation) is incidental; nature-of-order test confirmed but fails where substantive reliefs remain undetermined.
|
27 April 2022 |
|
A revision challenging a CMA condonation ruling was incompetent as an interlocutory matter barred by Rule 50.
Labour law – Revision – Interlocutory orders – Condonation of time – Rule 50 Labour Court Rules; CMA Form No.1 (referral) vs Form No.2 (condonation) – Nature of order test – Section 91 ELRA applicable to arbitral awards only.
|
27 April 2022 |
|
A Revision is not competent against an interlocutory CMA condonation order; the application was struck out.
* Labour law – interlocutory orders – condonation of time by CMA – whether such order is subject to Revision; * Procedure – Rule 50 Labour Court Rules – no Revision, appeal or review against interlocutory decisions unless they finally determine the dispute; * Abuse of court process – premature Revision struck out.
|
27 April 2022 |
|
|
25 April 2022 |
|
Court set aside CMA award because the respondent failed to prove termination and the arbitrator misdirected himself.
* Labour law – unfair termination – burden of proof where employer denies termination – employee must first prove termination before remedies under Part III Sub‑Part E are available; tribunal jurisdiction. * Civil procedure – review of arbitral award – misdirection and findings based on assumptions or issues not pleaded constitute material irregularity justifying quashing of award. * Employment disputes – retrenchment evidence and necessity of documentary corroboration for termination or instructions to continue work.
|
25 April 2022 |
|
Employer failed to prove redundancy; termination was unfair, discrimination not shown, compensation reduced to unpaid contract period (USD 65,865.60).
Labour law – fixed-term contract – early termination – breach of contract; redundancy/retrenchment – proof and Section 38 ELRA consultation requirements; discrimination and harassment – statutory definition and proof; jurisdiction – CMA Form No.1 and procedural requirements for lodging disputes; quantum of compensation – remedy limited to remaining contractual period.
|
25 April 2022 |
|
Severance pay is capped at ten years; CMA's calculation under section 42(1) ELRA was correct and upheld.
* Labour law – Severance pay – Section 42(1) ELRA – entitlement of seven days' basic wage per completed year – statutory cap of ten years; * Calculation method – daily wage = monthly salary/26, severance per year = daily wage × 7; * Revision – no basis to disturb CMA award where computation complies with statute.
|
25 April 2022 |
|
Court finds dismissal substantively fair but procedurally unfair; reduces compensation and orders Tshs.162,040,236/- plus certificate of service.
Labour law — disciplinary offences by senior HR manager — substantiated misconduct may justify dismissal; procedural fairness — investigator cannot sit on disciplinary panel (nemo judex in causa sua); arbitrator must give reasons for remedial awards; damages in employment cases are exceptional and require clear justification; dual employment upheld where contractually agreed.
|
25 April 2022 |
|
An omnibus chamber summons combining extension of time and revision is incompetent and was struck out.
* Labour procedure – Omnibus applications – When distinct prayers for extension of time and substantive revisions may be combined – tests: nature and origin, reasoning, and timing. * Jurisdiction – Court not seized to hear substantive application until extension of time granted. * Rule 56 Labour Court Rules – extension of time must be separately and properly sought when limitation has lapsed.
|
25 April 2022 |
|
A time-barred unfair termination claim deprived the CMA of jurisdiction; the award was quashed and set aside.
Labour law — limitation periods and jurisdiction — unfair termination disputes must be filed within 30 days (Code of Good Practice) — lack of condonation renders CMA proceedings and award a nullity.
|
25 April 2022 |
|
Probation does not auto-confirm employment; assault during probation can justify termination without improvement period.
Labour law — Probationary employment — No automatic confirmation upon expiry of probation; confirmation requires employer action; Rule 10(8) procedures apply mainly to performance issues. Labour law — Misconduct — Assault on co-employee is serious misconduct justifying termination under Rule 12(3)(e). Labour procedure — CMA mediator’s award — Dismissal upheld where disciplinary process observed.
|
25 April 2022 |
|
|
22 April 2022 |
|
Revision of CMA award dismissed as time-barred for failure to show leave to file out of time.
* Labour law – Revision of CMA award – Limitation period – Section 91(1) ELRA requires filing within six weeks of service of award; absent proof of leave to extend time, application is time-barred.* Civil procedure – Burden to produce court order or adequate explanation when relying on alleged extension of time.* Prior struck-out proceedings do not cure failure to obtain or show leave to file late.
|
22 April 2022 |
|
CMA lacked jurisdiction to hear a time-barred breach of contract claim filed without condonation.
* Labour law – limitation periods – distinction between unfair termination (30 days) and other disputes including breach of contract (60 days) under Rule 10 GN. No. 64/2007. * Administrative jurisdiction – CMA lacks jurisdiction to entertain time-barred disputes filed without condonation (CMA F2 and affidavit under Rule 11). * Procedural law – withdrawal of one cause of action and grant of leave to refile does not operate as condonation for a different, already time-barred cause of action.
|
22 April 2022 |
|
An arguable illegality in a CMA decision can justify extension of time despite inordinate delay.
Labour procedure – extension of time under Rule 56(1) – good cause required; inordinate delay and need to account for days; illegality in tribunal decisions as sufficient ground for extension; death of director/administration of estate does not excuse delay against corporate respondent; referral within CMA is not a substitute for revision or appeal.
|
22 April 2022 |
|
Revision allowed: unfair termination and January 2020 overtime claims timely; December 2019 overtime time-barred; matter remitted to CMA.
Labour law – condonation and time limits – Rule 10 GN 64/2007 – distinction between unfair termination (30 days) and other disputes (60 days) – time-barred claims – remittal to CMA.
|
22 April 2022 |
|
Labour tribunal lacked jurisdiction over disciplinary disputes of public servants; CMA award quashed and employer's revision allowed.
Labour jurisdiction — whether CMA may determine disciplinary disputes involving public servants — Public Service Act and Public Service Commission exclusivity — lack of jurisdiction vitiates arbitral award.
|
22 April 2022 |
|
Applicant failed to prove good cause or credible excuse to restore a dismissal for want of prosecution.
Restoration of dismissed proceedings; requirement to show good cause and credible affidavit particulars (dates, attachment of dismissal ruling, proof of illness); credibility and inconsistency of affidavit; abuse of process where restoration filed after execution order; public officers’ duty to ensure case continuity.
|
22 April 2022 |
|
Fixed-term contracts expire automatically; 28‑day notice under s.41 is inapplicable and awards based on unpleaded unfair termination are quashed.
Employment law — Fixed-term contracts — Automatic expiry — Whether 28‑day notice under s.41 applies; Pleadings — parties bound by their pleadings — Arbitrator cannot decide unpleaded unfair termination/legitimate expectation claim.
|
22 April 2022 |
|
Re‑engagement improperly granted where applicants did not claim it; award varied to monetary terminal benefits.
Labour law – unfair termination – reliefs; jurisdiction to grant unclaimed reliefs – re‑engagement versus monetary compensation; evidence of employment – effect of absence of proof.
|
22 April 2022 |
|
Extension of time refused where four‑year delay was inordinate and alleged illegality was not glaring on the record.
Labour law — extension of time to apply for revision — Rule 56(1) Labour Court Rules; delay must not be inordinate; applicant must account for each day of delay; alleged illegality must be glaring on the face of the record to justify extension (Lyamuya principles).
|
22 April 2022 |
|
Revision against CMA’s grant of condonation dismissed as interlocutory and therefore not revisable under Labour Court Rules.
Labour law – interlocutory orders – condonation/extension of time; Rule 11(1)-(2) GN 64/2007 – requirement to file condonation with late document; Rule 50 Labour Court Rules – prohibition on revision of interlocutory decisions; competence of revision applications.
|
22 April 2022 |
|
Applicant failed to prove constructive dismissal or employer-made intolerable conditions; revision dismissed for lack of merit.
* Employment law – Constructive termination – three cumulative requirements (termination, intolerability, employer causation) and burden of proof.
* Evidence – credibility and trial record – afterthought allegations unsupported by tribunal evidence.
* Disciplinary procedure – attendance and consequences of non-attendance; salary entitlement where employee absent from work.
* Record-keeping – presumption of authenticity of tribunal/court records; challenges to omitted findings require strong justification.
|
22 April 2022 |
|
Failure to file the mandatory notice under Regulation 34(1) renders a revision application incompetent, and such applications are struck out.
* Employment law – Procedural compliance – Requirement to file notice of intention to seek revision (CMA F10) under Regulation 34(1) – Mandatory and jurisdictional. * Civil procedure – Preliminary objections – issues raised but not argued are treated as abandoned and not considered. * Statutory interpretation – Clear statutory language must be enforced despite practical inconvenience.
|
22 April 2022 |
|
Revision dismissed as time-barred; court holds leave to represent does not extend statutory filing period.
Labour law — Revision of CMA awards — Time limitation under section 91(1)(a) ELRA and Rule 56(1) LCR — Leave to represent is not an extension of time — Preliminary objection for time bar upheld.
|
22 April 2022 |
|
Withdrawal without leave to refile bars the applicant from refiling; extension of time refused.
* Labour procedure – application for extension of time to file revision – effect of prior withdrawal without leave to refile.
* Civil procedure – withdrawal of suit/application – leave to refile; finality and res judicata.
* Discretionary/inherent power – limits where prior withdrawal was without leave to refile.
* Right to be heard – cannot override finality of withdrawal absent leave to refile.
|
22 April 2022 |
|
Ex parte CMA award quashed because claims were time-barred and no condonation was proved, depriving CMA of jurisdiction.
Labour law — limitation periods for referral to CMA — Rule 10(1),(2) GN. No. 64/2007; jurisdictional defect where claims filed out of time without condonation; ex parte award tainted by illegality — nullification and setting aside of CMA proceedings.
|
22 April 2022 |
|
Court struck out the appeal after finding the named respondent had been legally disestablished and could not be a party.
* Administrative law – Legal existence of parties – Disestablishment of a statutory entity and its effect on being joined as a party to litigation. * Civil procedure – Parties and amendment – When amendment to remove a non-existent party would amount to disguising a new appeal. * Abuse of process – Joining a disestablished entity as a respondent constitutes procedural irregularity warranting striking out. * Judicial notice – Court may take judicial notice of statutory disestablishment and Gazette notices.
|
22 April 2022 |
|
Employer's prolonged silence and continued payment after a resignation implied rejection, rendering later acceptance an unfair termination.
Employment law – resignation – implicit acceptance and revocation – employer's silence and conduct; Reasonable time for response to notice; Unfair termination – substantive and procedural fairness under section 37(2) Cap. 366 R.E.2019; Remedy – monetary compensation where reinstatement not pleaded.
|
22 April 2022 |
|
Extension of time denied for failure to account for delay and repeated negligence by applicants' counsel.
* Labour procedure – extension of time to file revision – requirement to account for each day of delay; * Pleading requirement – illegality must be pleaded in affidavit to be relied upon; * Advocate's negligence – repeated errors by counsel may amount to lack of diligence and do not ordinarily justify condonation; * Court record corrections – alleged errors must be promptly and convincingly shown.
|
21 April 2022 |
|
CMA had jurisdiction, but proceedings and award set aside due to counsel’s disqualifying conflict of interest, matter remitted for rehearing.
Labour law – jurisdiction of CMA where dispute preceded amendments to Public Service Act; Advocates' professional conduct – conflict of interest of former company secretary representing an ex-employee; abuse of process – vitiation of CMA proceedings and award; remedy – quash and remit for rehearing.
|
21 April 2022 |