2023

Volume I
 PUBLISHED BY:
International Labour Organization Dar es Salaam Country Office,
United Nations Road, Upanga,
P.O.BOX 9212,
Dar es Salaam Tanzania.
daressalaam@ilo.org
www.ilo.org
In Coraboration with:
High Court of Tanzania Labour Division,
02 Mpewani Road,
P.O.BOX 1619,
14108 Dar es Salaam Tanzania.
laborcourt@judiciary.go.tz
www.labourcourt@judiciary.tz
© The Judiciary of Tanzania
ISBN 978-9912-41-440-2
Copyright subsists in this work. No part of this work may be reproduced or
transmitted in any form or any means, or stored in any retrieval system of any
nature without the prior written permission from the Judiciary of Tanzania. Any
unauthorized reproduction of this work will constitute a copyright infringement
and render the doer liable under both civil and criminal law.
Application for permission for use of this copyright material including permission
to reproduce extracts in the book shall be made to the Judiciary of Tanzania. Full
acknowledgement of the Judiciary of Tanzania must be given.
Whilst every effort has been made to ensure that the information published in this
work is accurate, the Judiciary of Tanzania and Editors, Publishers and Printers
take no responsibilities for any loss or damage suffered by any person as a result
of reliance upon the information contained herein.
 FOREWORD
A just, efficient, and speedy labour dispute resolution system is a
mandatory requirement for any country that desires to build a viable
economy. In 2004, the Parliament of Tanzania enacted the Employment
and Labour Relations Act [Cap. 366 R.E. 2019]) (ELRA) and Labour
Institutions Act, 2004 Cap. 300 R.E. 2019 (LIA). These pieces of Labour
legislation codified the labour laws of Tanzania. They placed them under
one roof to avoid conflicting labour rules, the outcome of which would be
a fair and rapid settlement of labour disputes.

Codification of labour legislation, by itself, will not stabilize the dispute

resolution system of a country, especially where various levels of labour
courts churn out conflicting decisions and court orders. Codification of
labour legislation brought, in their wake, an array of labour courts, each
with the mandate, to resolve different categories of labour disputes. These
labour dispute resolution bodies include the Commission for Mediation
and Arbitration (CMA), the Labour Division of the High Court, High Court
Zones, and the Court of Appeal at the apex.

Section 50(1) of the LIA established the Labour Division of the High Court
of Tanzania as a Labour Court sitting above the CMA. The legislature
intended the High Court Labour Division to create a just, efficient, and
speedy system of labour dispute resolution to serve the whole expanse of
Mainland Tanzania. By 2018, it had become apparent that the exclusive
jurisdiction of the Labour Division of the High Court stationed in Dar es
Salaam, as it was, could not cope with the dispute resolution requirements
of the entire Mainland of Tanzania. The Chief Justice decided to invoke
his authority under Section 50(2)(a) of the LIA to designate Judges of the
High Court at the High Court Zones to sit as Judges of the Labour Division
of the High Court. Today, the Judiciary of Tanzania extended services of
the Labour Court to the High Court Zones spread out in the country. From
2018, High Court Judges throughout Tanzania sat as Labour Division
Judges to hear and determine labour disputes. Appeals from the High
Court sitting as Labour Court lie to the Court of Appeal of Tanzania, whose
decision is final and conclusive.

The extension of the jurisdiction to hear labour cases to Judges in High

Court Zones increased the number of conflicting decisions of the High
Court on the same labour issue. Conflicting decisions of the High Court
denied proper legal guidance to not only the Commission for Mediation
and Arbitration (CMA) but also employers and employees. Ideally, the
Court of Appeal sitting above the High Court would resolve the conflicting
decisions of the High Court Judges and the CMA. But there are several
occasions where different panels of the Court of Appeal gave conflicting
decisions on the same subject matter. Therefore, this Law Report, devoted
to the decisions of the Court of Appeal, could not have come at a more
appropriate time.

This Court of Appeal of Tanzania-Labour Cases Report, in its abbreviation

CAT-LCR, is the first of its kind in Tanzania. As its name suggests, the
Labour Cases Report compiles precedent-setting decisions of the Court of
Appeal, which sits at the apex of the Court System of Tanzania. It is a
unique Law Report since all decisions focus on one specialized field of law,
Labour Law. Undoubtedly, this Cases Report will be helpful not only for
Judges, Registrars, and Mediators or Arbitrators; but also, to Advocates,
legal practitioners, students of law (especially labour law), academia in
universities and other institutions of higher learning, and other
stakeholders. The compiled cases will also reach a more comprehensive
section of the labour court users, stakeholders, and society at the local and
international levels.
This Court of Appeal of Tanzania-Labour Cases Report, and future
editions, are essential and will enable convenient accessibility of Labour
decisions. The reports are a jurisprudential tool kit to cure the prevailing
problem of conflicting decisions. To a large extent, the law reports
facilitate quick research, thereby assisting expeditious disposal of
employment and labour disputes and give parties ample time to
concentrate on their economic activities with the view of improving
economic development productivity instead of resolving disputes.

The Labour Cases Report's computer version (soft copy) will be available
on our judiciary website at www.judiciary.go.tz.

Prof. Ibrahim H. Juma (PhD)

Chief Justice of Tanzania
 EDITORS
Hon. Mr. Justice (Dr.) Gerald A.M. Ndika – Justice of Appeal
Hon. Mr. Justice Jacobs C.M. Mwambegele – Justice of Appeal

Dr. Cornel Kinanila Mtaki

Mr. Marwa Maridadi Phanuel
 SCOPE OF THE SERIES
This Report covers select labour cases decided by the Court of Appeal of
Tanzania from 2006 to 2022

CITATION

This Report is cited thus [2022] CAT-LCR 1

The number in the square brackets indicates the year of the Report and
the final number indicates the page number. The abbreviation CAT-LCR
refers to the Court of Appeat of Tanzania-Labour Cases Report. The page
number against each case is shown in the Index of Cases.

i
 IDENTIFICATION OF CASES
The system of identifying cases which are reported is shown by the
following example:

(a) 1 (b) ADELA DAMIAN MSANYA v. TANZANIA ELECTRICITY

SUPPLY CO.LTD (c) IN THE COURT OF APPEAL OF
TANZANIA (d) AT ARUSHA (e) (MUGASHA, SEHEL, and
KAIRO, JJ.A.) (f) CIVIL APPEAL NO. 305 OF 2019
whereas:

(a) Refers to the number of the case reported;

(b) Refers to the names of the parties in the case;
(c) Refers to the Court, i. e. Court of Appeal of Tanzania;
(d) Refers to the Registry in which the case was filed;
(e) Refers to the Justices of Appeal who decided the case; and
(f) This indicates the number assigned to the case in the relevant
Registry.

ii
LIST OF JUSTICES OF THE COURT OF APPEAL OF TANZANIA 2022

1. Hon. Mr. Justice (Prof.) Ibrahim H. Juma – Chief Justice

2. Hon. Mr. Justice Augustine G. Mwarija – Justice of Appeal
3. Hon. Lady Justice Stella E.A. Mugasha – Justice of Appeal
4. Hon. Mr. Justice Shabani A. Lila – Justice of Appeal
5. Hon. Lady Justice Rehema K. Mkuye – Justice of Appeal
6. Hon. Mr. Justice Sivangilwa S. Mwangesi – Justice of Appeal
7. Hon. Mr. Justice (Dr.) Gerald A.M. Ndika – Justice of Appeal
8. Hon. Mr. Justice Jacobs C.M. Mwambegele – Justice of Appeal
9. Hon. Mr. Justice Ferdinand L.K. Wambali – Justice of Appeal
10. Hon. Lady Justice Mwanaisha A. Kwariko – Justice of Appeal
11. Hon. Lady Justice Winfrida B. Korosso – Justice of Appeal
12. Hon. Lady Justice Barke M.A. Sehel – Justice of Appeal
13. Hon. Mr. Justice Lugano J.S. Mwandambo – Justice of Appeal
14. Hon. Lady Justice (Dr.) Mary C. Levira – Justice of Appeal
15. Hon. Mr. Justice Ignas P. Kitusi – Justice of Appeal
16. Hon. Lady Justice Rehema J. Kerefu – Justice of Appeal
17. Hon. Mr. Justice Zephrine N. Galeba – Justice of Appeal
18. Hon. Lady Justice Patricia S. Fikirini – Justice of Appeal
19. Hon. Mr. Justice Panterine M. Kente – Justice of Appeal
20. Hon. Lady Justice Lilian L. Mashaka – Justice of Appeal
21. Hon. Mr. Justice (Dr.) Paul F. Kihwelo – Justice of Appeal
22. Hon. Lady Justice Lucia G. Kairo – Justice of Appeal
23. Hon. Mr. Justice Issa J. Maige – Justice of Appeal
24. Hon. Mr. Justice Abraham M. Mwampashi – Justice of Appeal
25. Hon. Mr. Justice Omar O. Makungu – Justice of Appeal
26. Hon. Mr. Justice Sam M. Rumanyika – Justice of Appea

iii
 INDEX OF CASES
A
Adela Damian Msanya v. Tanzania Electricity Supply Co.Ltd ........................... 1
Asanterabi Mkonyi v. Tanesco .......................................................................... 13
B
Bahari Oilfield Services FPZ Ltd v. Peter Wilson ............................................ 21
Balton Tanzania Limited v. Victoria Galinoma And Asubisye Malolo
Mwakatobe ........................................................................................................ 32
Barclays Bank Tanzania v. Phylisiah Hussein Mcheni ..................................... 37
Bayport Financial Services (T) Limited V. Cresence Mwandele ...................... 46
Benedict Mumello V. Bank of Tanzania ............................................................ 53
Bernard Gindo & 27 Others v. TOL Gases Limited .......................................... 58
Bulyanhulu Gold Mines Limited v. Paschary Andrew Stanny........................... 66
C
Celestine Samora Manase & Twelve Others v. Tanzania Social Action Fund &
Attorney General ............................................................................................... 85
Chama Cha Wafanyakazi Mahoteli Na Migahawa Zanzibar (Horau) v. Kaimu
Mrajis Wa Vyama Vya Wafanyakazi Na Waajiri Zanzibar ............................... 91
Chama Cha Walimu Tanzania v. The Attorney General ................................... 98
CMA-CGM Tanzania Limited v. Justine Baruti .............................................. 112
Costantine Victor John v. Muhimbili National Hospital ................................. 123
D
David Nzaligo V. National Microfinance Bank Plc ........................................ 132
Dew Drop Co. Ltd v. Ibrahim Simwanza ........................................................ 143
Dr. Abraham Israel Shuma Muro v. National Institute For Medical Research
&Attorney General.......................................................................................... 149
E
Edger Kahwili v. Amer Mbarak & Azania Bancorp Ltd ................................. 156
Elia Kasalile & 17 Others v. Institute Of Social Work.................................... 163
Elia Kasalile & 20 Others v. The Institute Of Social Work............................. 177

iv
Ezekiah T. Oluoch v. The Permanent Secretary, President’s Office, Public
Service Management & 4 Others .................................................................... 193
F
Felician Rutwaza v. World Vision Tanzania ................................................... 207
Filon Felician Kwesiga v. Board Of Trustees Of Nssf .................................... 219
Finca Tanzania Ltd v. Wildman Masika & 11 Others..................................... 227
Fredy Ngodoki v. Swissport Tanzania Plc ...................................................... 231
G
Gaspar Peter v. Mtwara Urban Water Supply Authority (MTUWASA) .......... 235
Generator Logic v. Eli Mukuta ....................................................................... 245
Grumeti Reserves Limited v. Morice Akiri ...................................................... 249
H
Haider Mwinyimvua & 99 Others v. Deposit Insurance Board (Liquidator Of
FBME Bank Ltd.) & Another .......................................................................... 254
Hamad Koshuma v. Tanzania Ports Authority................................................ 264
Hassan Twaib Ngonyani v. Tazama Pipe Line Limited .................................. 271
Hector Sequiraa v. Serengeti Breweries Limited ............................................ 284
J
Jimson Security Service v. Joseph Mdegela .................................................... 290
John Bosco Kazinduki v. The Minister For Labour & Another ...................... 295
Joseph Daudi Ndunguru v. Twiga Bancorp Limited ....................................... 299
Joseph Khenani v. Nkasi Distric Council........................................................ 302
Joseph Magata v. Vodacom (T) Limited ......................................................... 309
Juma Akida Seuchago v. SBC (Tanzania) Limited .......................................... 313
Juma Busiya v. Zonal Manager, South Tanzania Postal................................. 319
Corporation .................................................................................................... 319
Justus Tihairwa v. Chief Executive Officer, TTCLl......................................... 326
K
Kaemba Katumbu v. Shule Ya Sekondari Mwilamvya .................................... 332
Khadija Lumbi v. Tanzania Revenue Authority............................................. 339

v
Kobil Tanzania Limited v. Fabrice Ezaovi...................................................... 344
M
Magnet Construction Limited v. Bruce Wallace Jones ................................... 355
Magnus K. Laurean v. Tanzania Breweries Limited ....................................... 362
Mantra Tanzania Limited v. Joaquim Bonaventure ........................................ 380
Mantra Tanzania Limited v. Joaquim P. Bonaventure.................................... 389
Masolwa D. Masalu v. The Attorney General & Another ............................ 399
Mic Tanzania Limited v. Imelda Gerald ......................................................... 407
Mic Tanzania Ltd v. Albert P. Milanzi ............................................................ 417
Muhimbili National Hospital v. Linus Leonce ................................................ 422
Mwamvita Mziba & Others v. The Registered Trustees Of Bugando Medical
Centre ............................................................................................................. 427
N
National Microfinance Bank Ltd (NMB) v. Neema Akeyo .............................. 433
National Microfinance Bank v. Leila Mringo & Others ................................. 441
National Microfinance Bank v. Victor Modest Banda .................................... 456
North Mara Gold Mine Limited v. Isaac Sultan .............................................. 465
North Mara Gold Mine Limited v. Joseph Weroma Dominic ......................... 477
North Mara Gold Mine Limited v. Khalid Abdallah Salum ............................ 486
Novatus Williams Nkwama v. TUGHE ........................................................... 493
Nyanza Road Works Limited v. Giovanni Guidon .......................................... 502
P
Pangea Minerals Limited v. Gwandu Majali .................................................. 509
Paschal Bandiho v. Arusha Urban Water Supply And Sewerage Authority
(AUWASA) ...................................................................................................... 520
Patrick John Butabile v. Bakhresa Food Products Ltd ................................... 532
Patrick Magologozi Mongella v. The Board Of Trustees Of The Public Service
Social Security Fund ....................................................................................... 537
Paul Yustus Nchia v. National Executive Secretary Chama Cha Mapinduzi And
Another ........................................................................................................... 551

vi
Peter Mabimbi v. The Minister For Labour And Youths Development And
Others ............................................................................................................. 557
Peter Maghali v. Super Meals Limited............................................................ 568
Peter Samanya Msacky v. Chief Executive Officer Agricultural Seed Agency
And Two Others .............................................................................................. 576
Philimon Simwandete Mbanga v. The Permanent Secretary, Ministry Of
Defence And Another ...................................................................................... 580
R
Remigious Muganga v. Barrick Bulyanhulu Gold Mine ................................. 586
S
Security Group (T) Ltd v. Samson Yakobo And 10 Others .............................. 592
Serenity On The Lake Ltd v. Dorcus Martin Nyanda ...................................... 600
Serenity On The Lake Ltd v. Dorcus Martin Nyanda ...................................... 606
Severo Mutegeki & Another v. Mamlaka Ya Maji Safi Na Usafi Wa Mazingira
Mjini Dodoma (DUWASA).............................................................................. 611

St. Joseph Kolping Secondary School v. Alvera Kashushura

………………………………..449
Swilla Secondary School v. Japhet Petro ........................................................ 458
T
Tanzania Posts Corporation v. Jeremiah Mwandi .......................................... 465
Tanzania Breweries Limited v. Mohamed Kazingumbe .................................. 474
Terevael M. Ngalami v. Kampuni Ya Simu (T) TTCL .................................... 483
The Copycat Tanzania Limited v. Mariam Chamba ................................... 67990
Tuico. (On Behalf Of Its Members) v. The Chairman Industrial Court Of
Tanzania & Another ........................................................................................ 684
Tumaini Massaro v. Tanzania Ports Authority ............................................... 500
Tanzania Portland Cement Co. Ltd v. Ekwabi Majigo ................................... 505
U
Unilever Tea Tanzania Limited v. Davis Paulo Chaula.................................. 510
V

vii
Veneranda Maro & Another v. Arusha International Conference Centre ...... 515
W
William Mwakitalu And 29 Others v. PPF Pension Funds ............................. 524
Z
Zanzibar University v. Abdi A. Mwendambo & Two Others ........................... 529

viii
SUBJECT INDEX
Affidavit – failure to show whether attesting officer knew the deponent – whether
affidavit is defective.
Peter Mabimbi v. The Minister for Labour and Youths Development & 2
Others
Appeal – grounds of appeal to the Court raise matters of fact – appellant wants
the grounds to remain in the memorandum of appeal so that, in the course of
hearing the appeal, the Court invokes its revisional jurisdiction to consider them
- whether appellant’s submission is tenable
Remigious Muganga v. Barrick Bulyanhulu Gold Mine
Appeal – leave to appeal to the Court of Appeal of Tanzania – ruling which gave
rise to the impugned decision of the Labour Court arose from execution
proceeding preferred under 0. XXI r.9 and 10 of the CPC - whether the appeal
though originating from the Labour Court requires leave.
Remigious Muganga v. Barrick Bulyanhulu Gold Mine
Appeal – limitation of time – failure to file an appeal within 60 days – whether
appeal was competent.
Peter Samanya Msacky v. Chief Executive Officer Agricultural Seed Agency
& 2 Others
Appeal – record of appeal – failure to serve the other party copies of letter to the
registrar applying for copies of proceedings – whether fatal.
Peter Samanya Msacky v. Chief Executive Officer Agricultural Seed Agency
& 2 Others
Appeal – records of appeal – incomplete record of appeal – whether appellant
may be allowed to file a supplementary record of appeal under the spirit of
overriding objective principle.
Joseph Daudi Ndunguru v. Twiga Bancorp Limited
Appeal – supplementary record of appeal – supplementary record of appeal
which was supposed to contain an omitted document which is the evidence of
service of the letter to the respondent not filed contrary to the court’s order –
whether the omission vitiated the appeal.
Novatus Williams Nkwama v. Tughe

ix
Appeals – Appeals from decisions of the High Court, Labour Division to the
Court of Appeal of Tanzania – Appeals should be on a point of law only - What
amounts to a point of law as opposed to a matter of fact - Section 57 of the Labour
Institutions Act, Cap 300
CMA-CGM Tanzania Limited v. Justine Baruti
Appeals – Court of Appeal – whether appeals to the court of appeal should lie on
point of law only - section 57 of the Labour Institutions Act, Cap 300.
National Microfinance Bank Ltd (NMB) v. Neema Akeyo
Application for extension of time – expeditious resolution of disputes –whether
expeditious resolution of the disputes should prevail over compliance with the
timelines for referring labour disputes before the CMA
Nyanza Road Works Limited v. Giovanni Guidon
Application for extension of time – Applicant went missing for four years after
termination but alleges technical delays in filing the application for condonation
– whether the delay was inordinate and whether the appellant failed to assign
sufficient grounds for extension of time - Rule 10(2) of the Labour Institutions
(Mediation and Arbitration) Rules, 2007
Patrick John Butabile v. Bakhresa Food Products Ltd
Application for extension of time – Application for extension of time to file appeal
out of the statutory time – Applicants allege that the proceedings, the subject of
appeal were tainted with illegalities and that the said proceedings also contained
topographical errors which could have made the appeal defective – Whether
sufficient cause was shown.
Mwamvita Mziba & Others v. The Registered Trustees of Bugando Medical
Centre
Application for extension of time – Application for extension of time to file appeal
out of the statutory time – Applicants allege that the proceedings, the subject of
appeal were tainted with illegalities and that the said proceedings also contained
topographical errors which could have made the appeal defective – Whether
sufficient cause was shown.
Mwamvita Mziba & Others v. The Registered Trustees of Bugando Medical
Centre
Application for extension of time – discretionary powers of the Court – Scope and
circumstances in which powers can be invoked by the Court.

x
Philimon Simwandete Mbanga v. The Permanent Secretary, Ministry of
Defence and Another
Application for extension of time - Ground for delay being failure to be supplied
with the necessary documents in time and being supplied with confusing two
copies of decrees bearing different dates and different amounts – High Court
found the same to be sufficient grounds and granted the extension prayed for –
Whether the two grounds amounted to "sufficient cause.''
Benedict Mumello v. Bank of Tanzania
Application for extension of time – Initially the applicant fell sick and attended
treatment at two hospitals – for eight years the applicant was in the corridors of
the High Court at Mwanza in an unsuccessful bid for extension of time within
which to lodge a Notice of Appeal and apply for leave to appeal to this Court -
whether there is a good cause for condonation of the delay.
Peter Mabimbi v. The Minister for Labour and Youths Development & 2
Others
Application for extension of time – poof of good cause – applicant failed to
explain away the delay of about 66 days – whether applicant failed to show good
cause for the delay
Philimon Simwandete Mbanga v. The Permanent Secretary, Ministry of
Defence and Another

Application for Extension of time – sickness – whether the High Court exercised
its discretion properly in quashing the decision of the CMA and condoning the
delay on the ground of the respondent's sickness.
Nyanza Road Works Limited v. Giovanni Guidon
Application for extension of time – technical delay – it’s meaning thereto.
Philimon Simwandete Mbanga v. The Permanent Secretary, Ministry of
Defence and Another

Application for extension of time to re-hear and determine on merit and the
satisfaction of the parties in the failed previous application for review - whether
the Court can review its own decision

xi
Tuico. (On Behalf of its Members) v. The Chairman Industrial Court of
Tanzania & Another
Application for restoration of arbitral proceedings – Whether the Labour Court
did not exercise its discretion judiciously for not basing its decision on existence
or non-existence of sufficient cause.
MIC Tanzania Limited v. Imelda Gerald
Application for review - Judgment allegedly based on a manifest error on the face
of the record resulting in the miscarriage of justice – Whether the disposition of
the impugned appeal by the Court was riddled with a manifest error.
Edger Kahwili v. Amer Mbarak & Azania Bancorp Ltd
Application for review - Judgment allegedly based on a manifest error on the face
of the record resulting in the miscarriage of justice – Whether the Court ought to
have followed the course it took in its previous four decisions
Elia Kasalile & 17 Others v. Institute of Social Work
Application for Revision – Appellant moves the Court to exercise its powers of
revision - Whether appellant demonstrated any circumstances special or
otherwise, to move the Court to exercise its powers of revision as an alternative
to appellate jurisdiction.
Chama Cha Walimu Tanzania v. The Attorney General
Burden of proof – Employee charged with allegations of gross dishonest by the
employer - Whether criminal proceedings must be instituted and charges proved
before termination of the employee's employment
Dew Drop Co. Ltd v. Ibrahim Simwanza
Burden of proof in labour cases – Appellant alleges both substantive and
procedural unfair termination - High Court's decision only based upon
extraneous matters namely the opening statements, made and lodged by the
respondent – Whether respondent discharged the burden of proof burden –
Section 39 of Employment and Labor Relations Act [Cap 366 R.E. 2019]
Fredy Ngodoki v. Swissport Tanzania Plc
Certificate of delay - Certificate of Delay excludes time from a date even before
the Registrar received the letter applying for documents for appeal purposes -
Whether the defect does not go to the root of the matter.

xii
Dr. Abraham Israel Shuma Muro v. National Institute for Medical Research
&Attorney General
Certificate of delay - Appellant applied to be supplied with documents in respect
of two different matters, to wit, Labour Dispute No. 1 of 2014 and Misc. Labour
Application No. 6 of 2018 to enable him to prepare the record of appeal –
Certificate of delay only referred to Misc. Labour Application No. 6 of 2018, a
matter not the subject of appeal before the Court – Whether defect is curable
under the overriding principle – Whether the appeal was time barred.
Dr. Abraham Israel Shuma Muro v. National Institute for Medical Research
&Attorney General
Certificate of delay - Certificate of delay wrongly excluded the number of days -
Was not served on the respondent as required by the Rules - Certificate issued
without providing the appellant with a copy of the proceedings – Whether the
certificate was ineffective and whether it is curable under the overriding objective
principle.
Finca Tanzania Ltd v. Wildman Masika & 11 Others
Certiorari – application for an order of certiorari – whether once it was accepted
that the purported decision was no decision at all in law, the High Court should
have issued the order of certiorari to quash and set aside that purported decision
which had no effect of reversing the decision of the Conciliation Board.
John Bosco Kazinduki v. The Minister for Labour & Another
Compensation – respondent awarded compensation beyond the minimum
statutory rate - whether the judge applied the right principle in awarding the
compensation of 90 months' salary and whether it was correct for him to do so
by considering matters that were not earlier raised resulting into condemning the
appellant unheard.
North Mara Gold Mine Limited v. Isaac Sultan
Compensation – subsistence allowance – the manner in which it should be
calculated.
Juma Akida Seuchago v. SBC (Tanzania) Limited
Confidentiality - High Court relies on statements made during mediation as a
basis for its decision holding that there was proof that the appellant had engaged
himself in politics in contravention of the employment manual – Whether it was
irregular for the court to rely on mediation proceedings.

xiii
Felician Rutwaza v. World Vision Tanzania
Constructive Termination - employer allegedly raised allegations of fraud against
respondent and went on to terminate respondent’s monthly salary and changed
the management system of employment – Whether employer created intolerable
conditions amounting to constructive termination.
Kobil Tanzania Limited v. Fabrice Ezaovi
Court practice – administration of oath or affirmation to witness – consequences
for failure to administer the same.MIC Tanzania Ltd v. Albert P. Milanzi
Court practice – appeal – conditions under which an appeal can be rejected.
Juma Busiya v. Zonal Manager, South Tanzania Postal Corporation
Court practice – Applicant makes application to the Court to strike out Notice of
appeal from the decision of the High Court of Tanzania (Labour Division) –
Applicant also filed a Civil Reference in the Court challenging the decision of the
Single Justice granting the respondent extension of time to file notice of appeal –
Whether the making of the two applications amounts to abuse of court process.
Hector Sequiraa v. Serengeti Breweries Limited
Court practice – dismissal of application for being time barred while the same
had been filed within the time ordered by the same court – whether the advocate
has a duty to assist the court.
Joseph Magata v. Vodacom (T) Limited
Court practice – exercise of discretionary power – circumstances upon which an
appellate court can interfere with the exercise of discretion of an inferior court
or tribunal
Pangea Minerals Limited v. Gwandu Majali
Court practice – order of the court – failure to comply with the order of the court
to lodge a document or documents – consequences thereto.
Novatus Williams Nkwama v. TUGHE
Court practice – record of proceedings – whether the arbitrator is required to
append a signature at the end of record of each witness.
Bahari Oilfield Services FPZ Ltd v. Peter Wilson
Defective application – Application for revision - Whether the application was
fatally defective for want of proper enabling provision of the law to move the
court.

xiv
Chama Cha Walimu Tanzania v. The Attorney General
Disciplinary action – employee charged in a court of law but terminated for
misconduct committed during suspension – whether termination was
substantively fair.
Peter Maghali v. Super Meals Limited
Disciplinary hearing – failure to issue a report as vital evidence to the employee
during disciplinary hearing – whether amounts to violation of right to be heard.
Severo Mutegeki & Another v. Mamlaka ya Maji Safi na Usafi wa Mazingira
Mjini Dodoma (DUWASA)
Disciplinary hearing – formal charge – failure to serve the same – whether
amounts to violation of the law.
Jimson Security Service v. Joseph Mdegela
Discrimination – termination on ground of discrimination – factors of
discrimination – section 7(4) ELRA, Cap 360
National Microfinance Bank Ltd (NMB) v. Neema Akeyo
Evidence - Appellant did not cross-examine the respondent on the question of
being discriminated – Whether appellant admitted what was stated by respondent
National Microfinance Bank Ltd (NMB) v. Neema Akeyo
Evidence – Investigative report – Report not made on any official headed paper
and lacked the signature of its maker – Report not made by an independent
investigator but an official from Security company who had an apparent interest
to serve – Whether the report was admissible, authentic and reliable - Section
18 of the Electronic Transactions Act, 2015
Magnus K. Laurean v. Tanzania Breweries Limited
Evidence - omission by the arbitrator to append his signature to the evidence of
the witnesses – whether fatal to the proceedings
MIC Tanzania Ltd v. Albert P. Milanzi
Evidence – propriety of the proceedings of the CMA in which the testimonies of
some of the witnesses were received without oath or affirmation - rule 25 (1) of
the Labour Institutions (Mediation and Arbitration) Rules, Government Notice
No. 67 of 2007.
Tanzania Portland Cement Co. Ltd v. Ekwabi Majigo

xv
Evidence – taking oath by witnesses – Arbitrator recorded the evidence of
witnesses without having required them to take oath - failure by arbitrator to take
oath from the witnesses – consequences thereto.
Unilever Tea Tanzania Limited v. Davis Paulo Chaula
Evidence – Whether the evidence tendered in the CMA by the two witnesses was
insufficient to prove the claims for all the respondents since the 1st respondent
did not also testify.
Security Group (T) Ltd v. Samson Yakobo & 10 Others
Evidence – witness – administration of oath to witness – whether mandatory.
North Mara Gold Mine Limited v. Khalid Abdallah Salum
Evidence – witness not cross-examined on his evidence – consequences thereto.
Paul Yustus Nchia v. National Executive Secretary Chama Cha Mapinduzi
and Another
Evidence - Witnesses for both sides did not take oath before their testimonies
were recorded by the Commission for Mediation and Arbitration – Whether
omission by the witnesses to take oath before giving evidence is fatal andt vitiates
the proceedings.
The Copycat Tanzania Limited v. Mariam Chamba
Ex-parte award – Application for revision to set aside ex-parte award - High
Court strikes out the application for revision holding that the Civil Procedure
Code is inapplicable on the issue - Whether the order of the court of striking out
the application for revision is appealable.
Generator Logic v. Eli Mukuta
Extension of time – ground of illegality – whether illegality must be fully
established for the court to exercise its discretion to extend time
Magnet Construction Limited v. Bruce Wallace Jones
Injunction - Respondent impleaded the Court to grant an order for permanent
injunction restraining the Respondent and its members from calling for and/or
participating in an illegal planned strike – Whether the injunction issued was an
interlocutory one or had the effect of finally determining the application before
the Labour Court.
Chama Cha Walimu Tanzania v. The Attorney General

xvi
Interlocutory order – Order by the judge refusing to grant appellant an order of
temporary injunction against an intended eviction - whether the order was
appealable - section 5(2)(a) of the Appellate Jurisdiction Act, Cap 141
Khadija Lumbi v. Tanzania Revenue Authority
Interlocutory order – Ruling of the High Court setting aside an ex parte judgment
of the same Court - Whether an appeal lies against the decision of the High Court
setting aside its ex parte judgment - Section 5 (2) (d) of the Appellate Jurisdiction
Act, Cap. 141 R.E. 2019
Celestine Samora Manase & 12 Others v. Tanzania Social Action Fund &
Attorney General
Interlocutory order – tests for determining whether the order is interlocutory or
otherwise.
Tanzania Posts Corporation v. Jeremiah Mwandi
Interpretation – applicability of section 32A of Public Service Act – whether it
can be applied retrospectively in procedural matters.
Joseph Khenani v. Nkasi Distric Council
Interpretation - business in which the respondents were engaged requires
unqualified good faith and honesty, integrity, trust and confidence - Respondents
in a bank terminated for lack of good faith 'as well as gross negligence and
misconduct - Court orders respondents’ reinstatement – Whether Rule 12 of the
Code of Good Practice GN No. 42 of 2007 was properly interpreted by the court.
National Microfinance Bank v. Victor Modest Banda
Interpretation – Canon rules of interpretation - presumption against absurdity –
whether applicable in interpreting section 28 (2) of Industrial Court of Tanzania
Act, 1967.
Tanzania Breweries Limited v. Mohamed Kazingumbe
Interpretation – grant of reliefs of reinstatement and compensation - Labour
Court granted the reliefs sought by the respondents conjunctively instead of
granting them disjunctively – Whether the High Court properly interpreted the
provisions of section 40 (1) (c) of the ELRA.
National Microfinance Bank v. Victor Modest Banda
Interpretation - Intention of the legislature in enacting section 41 of the Banking
and Financial Institutions Act, 2006.

xvii
Haider Mwinyimvua & 99 Others v. Deposit Insurance Board (Liquidator
of FBME Bank Ltd.) and FBME Bank Limited )
Interpretation – matters of law and facts – appellate and revisional jurisdiction
of the Court of Appeal
Patrick Magologozi Mongella v. The Board of Trustees of the Public Service
Social Security Fund
Interpretation – What is meant by the phrase "a similar application on the same
matter' - Rule 96 (8) of the Tanzania Court of Appeal Rules, 2009.
Bernard Gindo & 27 Others v. TOL Gases Limited
Interpretation – whether the use of the word “dispute’’ in Rule 50 of the Rules
that “an appeal does not lie against a decision of the Labour Court unless it has
the effect of finally determining the dispute’’ refers to a dispute in the CMA or
the Labour Court.
Mic Tanzania Limited v. Imelda Gerald
Interpretation – word “suit’’, “interlocutory order and interlocutory
proceedings’’ – their meaning and determination thereof.
Tanzania Posts Corporation v. Jeremiah Mwandi
Interpretation –Termination based on operational requirements, otherwise
referred to as “retrenchment’’ – Retrenchment not defined in the Employment
and Labour Relations Act, Cap 366 - What the legislature had in mind by the term
"retrenchment."
Haider Mwinyimvua & 99 Others v. Deposit Insurance Board (Liquidator
of FBME Bank Ltd.) and FBME Bank Limited)
Judgment – counsel culls out some few paragraphs and sentences from the
judgment and reads them out of the context of the entire judgment – Whether
counsel’s submissions tenable.
Tumaini Massaro v. Tanzania Ports Authority
Judicial review - Appellant applied for judicial review – Whether there were
alternative remedies to judicial review
Ezekiah T. Oluoch v. The Permanent Secretary, President’s Office Public
Service Management & 4 Others
Judicial review - Appellant applied for the orders of certiorari, mandamus, and
prohibition – Whether appellant proved the grounds for judicial review to justify

xviii
issuing the writs prayed for - Regulation 37 of the Local Government (Teachers
Service Scheme) of 2016 G.N. No. 311 of 2016, read together with section H. 19
(1) (2) of the Standing Orders for Public Service of 2009 and Regulation 29 of
the Public Service Regulations of 2003 G.N. No 168 of 2003
Ezekiah T. Oluoch v. The Permanent Secretary, President’s Office Public
Service Management & 4 Others
Jurisdiction – applicability of section 32A of Public Service Act – whether CMA
has jurisdiction to entertain a complaint on terminal benefits before exhausting
the procedure provided for by the Public Service Act.
Joseph Khenani v. Nkasi Distric Council
Jurisdiction – Application for revision – Circumstances in which court may
review its own decision – Rule 66(1) of the Court of Appeal of Tanzania Rules,
2009
Elia Kasalile & 17 Others v. Institute of Social Work
Jurisdiction – executing court – Conciliation Board decreed that appellant be
paid all his terminal benefits according to the laws and voluntary agreement
relating to his employment –Board did not specify items of terminal benefits -
whether an executing court has no jurisdiction to execute what is beyond the
decree.
Hassan Twaib Ngonyani v. Tazama Pipeline Limited
Jurisdiction – High Court ordered that dispute before the court be sent back to
the CMA for determination on merit – whether the order was an interlocutory
order and whether the Court had jurisdiction to entertain the appeal founded on
that order- section 5(2)(d) of the Appellate Jurisdiction Act, [Cap 141 R.E. 2019]
(the AJA).
Tanzania Posts Corporation v. Jeremiah Mwandi
Jurisdiction – Internal appellate mechanism - Respondent referred the dispute to
the CMA prematurely without exhausting the internal mechanism – Whether the
Arbitrator wrongly entertained the respondent's referral to the Commission for
Mediation and Arbitration.
Bayport Financial Services (T) Limited v. Cresence Mwandele
Jurisdiction - Stay of execution – jurisdiction of the Deputy Registrar – whether
the Deputy Registrar has jurisdiction to hear and order for stay of execution of a
decree emanating from revision proceedings of the Labour Court.

xix
Serenity on the Lake Ltd v. Dorcus Martin Nyanda
Jurisdiction – time limitation - second application to set aside the ex-parte award
was time barred – arbitrator proceeded to entertain the application resulting into
setting aside the previous ex parte award – whether arbitrator was invested with
jurisdiction to hear and determine the dispute
Swilla Secondary School v. Japhet Petro
Jurisdiction - Whether an agreement between the parties has the effect of ousting
the jurisdiction of the CMA and that of the High Court in a labour dispute.
Bahari Oilfield Services Fpz Ltd v. Peter Wilson
Leave to file supplementary record of appeal - Court granted leave to appellants
to file a supplementary record of appeal in order to include a properly drawn
certificate of delay – On the scheduled day for hearing Counsel for appellants
makes another application for filing a supplementary record of appeal - Whether
second application is time barred – Whether the oxygen principle applies - Rule
96 (8) of the Rules.
Bernard Gindo & 27 Others v. TOL Gases Limited
Leave without pay – Appellant, a public servant applied for leave without pay -
Whether applicant’s, employer was bound to grant leave without pay - section
H.19 of the Standing Orders.
Ezekiah T. Oluoch v. The Permanent Secretary, President’s Office Public
Service Management & 4 Others
Limitation period – Grant of leave by the High Court to refile an application for
revision which was struck out two times - Whether application was time barred
and whether the court properly exercised its discretion.
Felician Rutwaza v. World Vision Tanzania
Limitation period – Lapse of time between when the last application was struck
out and the time when the current application was made – whether the appellant
accounted for the period of delay as required by law
Magnet Construction Limited v. Bruce Wallace Jones
Limitation period – overriding objective principle – whether it can be invoked in
cases of time limitation.
Juma Busiya v. Zonal Manager, South Tanzania Postal Corporation

xx
Limitation period – Rules of statutory interpretation - Fate of a time barred
labour matter - Whether it is dismissal or striking it out – Sections 3, 43 and 46
of the Law of Limitation Act [Cap 89 R.E 2002] and Rules 3 and 10 of the Labour
Institutions (Mediation and Arbitration) Rules, 2007, G.N. No. 64 of 2007,
Barclays Bank Tanzania v. Phylisiah Hussein Mcheni
Limitation period - the impugned decision sought to be challenged was delivered
on 10th December, 2019, the notice of appeal was lodged on 7th January, 2020
and the memorandum of appeal was lodged on 10th March, 2020 - Whether the
appeal was time barred - Rule 90 (1) of the Tanzania Court of Appeal Rules, 2009
Filon Felician Kwesiga v. Board of Trustees of NSSF
Liquidation – Appointment of a statutory liquidator – Role of the Deposit
Insurance Board upon its appointment as liquidator.
Haider Mwinyimvua & 99 Others v. Deposit Insurance Board (Liquidator
of FBME Bank Ltd.) and FBME Bank Limited )
Locus standi - Appellant is a recognized trade union in terms of section 25(1) of
the Labour Relations Act, 2005 – Appellant instituted a labour dispute against
the respondent - Whether the appellant and not the Board of Trustees of the
appellant had locus standi to sue the respondent - Section 48 of the appellant's
Constitution.
Chama Cha Wafanyakazi Mahoteli na Mikahawa Zanzibar (HORAU) v.
Kaimu Mrajis wa Vyama Vya Wafanyakazi Na Waajiri Zanzibar
Natural justice – Rule requires absence of bias – Circumstances in which the rule
may be dispensed with
Tanzania Breweries Limited v. Mohamed Kazingumbe
Notice of Appeal – Notice of appeal to institute an appeal filed in time and served
on the applicant – Applicant alleges that appeal was not instituted within the
period of 60 days prescribed under Rule 90 (1) of the Rules – Whether application
to strike out notice of appeal is devoid of merit
Kaemba Katumbu v. Shule ya Sekondari Mwilamvya
Notice of intention to appeal - Appellant did not serve the notice of appeal either
on the respondent in person or his advocate - Whether the appeal is incompetent
- Rule 84 (1) of the Tanzania Court of Rules, 2009.
Grumeti Reserves Limited v. Morice Akiri

xxi
Overriding principle – whether it can be invoked to cure breach of mandatory
rules of procedure.
Peter Samanya Msacky v. Chief Executive Officer Agricultural Seed Agency
& 2 Others
Preliminary objection - Appellant raised four grounds of appeal to the Court --
Appeal greeted with two sets of preliminary objections - Whether the assailed
grounds of appeal raise points of law.
CMA-CGM Tanzania Limited v. Justine Baruti
Preliminary objection – Date of judgment – What constitutes date of judgment –
Rule 39(9) of the Court of Appeal of Tanzania Rules, 2009
Elia Kasalile & 17 Others v. Institute of Social Work
Preliminary objection – jurisdiction of the court – respondents raise objection
relating to jurisdictional matters that the Court lacks jurisdiction to entertain the
application for extension of time view of the provisions of the law which renders
it time barred – Whether the preliminary objection raises a point of law
TUICO (On Behalf of Its Members) v. The Chairman Industrial Court of
Tanzania & Another
Preliminary objection - Whether a party was served or not, is a factual issue
requiring evidence, which disqualifies it from being a point of law.
Grumeti Reserves Limited v. Morice Akiri
Preliminary objection – Whether the all the points of preliminary objection raised
by the respondent are based on pure points of law.
Gaspar Peter v. Mtwara Urban Water Supply Authority (MTUWASA)
Principles of Unfair Termination – Appellant employed on fixed term contract -
The contract was incessantly rolled over; that it was renewed by the respondent
after the expiry of each term - Whether the principles of unfair termination
applied to the appellant's employment with the respondent - Section 36 (a) (iii) of
the Employment and Labour Relations Act, Cap 360 and Rule 3 (3) and (4) of
Employment and Labour Relations (Code of Good Practice) Rules, 2007,
Government Notice No. 42 of 2007
Asanterabi Mkonyi v. Tanesco
Probation period - Employee worked beyond the probationary period in his
employment without being confirmed - Whether employee entitled to the reliefs

xxii
falling under Patt III, Sub- Part E of Employment and Labour Relations Act, Act
No. 6 of 2004.
David Nzaligo v. National Microfinance Bank Plc
Procedural irregularity - Appellant failed to file written submission – Whether
the failure is fatal and whether it rendered the appeal incompetent - Rule 106(1)
of the Court of Appeal Rules, 2009.
Gaspar Peter v. Mtwara Urban Water Supply Authority (MTUWASA)
Procedural Irregularity – Arbitrator met the Respondent in the absence of the
appellant and allowed the respondent to file written submissions out of time -
Whether the conduct of the arbitrator in meeting the Respondent in the absence
of the Appellant was in violation of Rule 5 (h) and (i) of the Labour Institutions
(Ethics and Code of Conduct for Mediators and Arbitrators) Rules, 2007G.N. No.
66 of 2007 thus amounted to misconduct.
Bayport Financial Services (T) Limited v. Cresence Mwandele
Procedural requirement – Appellant did not serve the letter requesting for copies
of the certified documents on the Respondent or the Registrar - Letter not
included in the record of appeal – Whether appeal was competent before the
Court and whether appellant can benefit from the exception under the proviso to
Rule 90 (1) of the Tanzania Court of Appeal Rules, 2009
Filon Felician Kwesiga v. Board of Trustees of NSSF
Procedural requirement – record of proceedings – failure by arbitrator to put
signature at the end of record of evidence of witness – whether fatal.
Unilever Tea Tanzania Limited v. Davis Paulo Chaula
Procedural requirement - Termination letters only referred to the Public Service·
Regulations, 2003 and the Employment and Labour Relations Act, 2004 -
Respondent did not produce anything in the CMA such as charges or
notifications/ letters alleged to have been served to the appellants - Whether the
appellants were served with charges preferred against them and notifications of
hearing before the Disciplinary Committee; and afforded an opportunity to be
heard.
Elia Kasalile & 20 Others v. The Institute of Social Work
Procedural requirements – authentication of arbitral proceedings - Arbitrator
designed his own style of authentication of proceedings by having all parties and
their advocates sign on the coram, and later by calling upon the advocates, to

xxiii
sign again at the end of the testimony of each witness – whether proceedings were
a nullity - Rule 19 (1) of the Rules
North Mara Gold Mine Limited v. Isaac Sultan
Procedural requirements – authentication of arbitral proceedings - Arbitrator
designed his own style of authentication of proceedings by having all parties and
their advocates sign on the coram, and later by calling upon the advocates, to
sign again at the end of the testimony of each witness – whether proceedings were
a nullity - Rule 19 (1) of the Rules
North Mara Gold Mine Limited v. Isaac Sultan
Procedural requirements – exercise of discretionary powers – whether the
appellate court can interfere with the exercise of discretion of an inferior court
or tribunal.
Veneranda Maro & Another v. Arusha International Conference Centre
Procedural requirements – record of proceedings – arbitrator appends
signatures of witnesses and their advocates at the beginning of the proceedings-
whether proceedings are fatal
North Mara Gold Mine Limited v. Khalid Abdallah Salum
Record of appeal - Appellant failed to include in the record of appeal pleadings
filed in the CMA, Form No. 1, copy of the proceedings in the CMA and some of
the tendered exhibits – Whether the omission rendered the appeal incompetent -
Rule 96(1) and (2) of the Court of Appeal Rules, 2009.
Gaspar Peter v. Mtwara Urban Water Supply Authority (MTUWASA)
Record of appeal – Record of appeal is deficient due to the omission of a number
of core documents – Whether the omission had a deleterious effect to the
competence of the appeal.
CMA-CGM Tanzania Limited v. Justine Baruti
Record of court proceedings – arbitrator did not append his signature after each
witness had finished testifying – whether the omission to append his signature
was fatal to the proceedings
North Mara Gold Mine Limited v. Isaac Sultan
Reliefs – awarding of compensation – rules governing thereto.
Pangea Minerals Limited v. Gwandu Majali

xxiv
Reliefs – High Court finds that the respondent was substantively and procedurally
unfairly terminated – High Court does not grant the respondent's prayer for
reinstatement which was one of the reliefs sought in CMA Form No.1- Whether
High Court’s decision was irregular – section 40 (1) of the ELRA
Mantra Tanzania Limited v. Joaquim Bonaventure
Reliefs – Order of compensation – arbitrator finds that the termination was
substantively and procedurally unfair and awards 36 months compensation -
High Court finds that termination was fair in both aspects but appreciated that
the arbitrator has power to award compensation above 12 months compensation
– Whether the High Court acted fairly to quash the CMA award
Tumaini Massaro v. Tanzania Ports Authority
Reliefs – Repatriation costs – circumstances in which they can be granted.
Pangea Minerals Limited v. Gwandu Majali
Reliefs – subsistence allowance – appellant paid part-payment of his terminal
benefits including repatriation expenses but spends it on other personal
commitments – whether employer is bound to pay subsistence allowance for the
rest of the days the employee remains at the working station.
Paul Yustus Nchia v. National Executive Secretary Chama Cha Mapinduzi
and Another
Reliefs – subsistence allowance – the manner in which it is calculated.
Pangea Minerals Limited v. Gwandu Majali
Reliefs – Termination found unfair- Whether the court can grant reliefs not
prayed in the CMA's Form No. 1 but proved by the employee
Balton Tanzania Limited v. Victoria Galinoma and Asubisye Malolo
Mwakatobe
Reliefs – Whether it was proper for the CMA to grant 12 months' salaries
compensation in a case where the respondent had valid reason for terminating
the appellant and at the same time grant payment of salaries for the unexpired
term of a fixed term contract.
Felician Rutwaza v. World Vision Tanzania
Remedies – grant of an award – whether the arbitrator or Labour Court has
discretion to decide on the appropriate quantum of compensation.
Veneranda Maro & Another v. Arusha International Conference Centre

xxv
Repatriation - Appellant issued notice of resignation from his employment -
Notice was accepted - Whether, from the circumstances under which the
appellant's employment was terminated, the provisions of section 43(1) of the
ELRA on repatriation were applicable to him.
Gaspar Peter v. Mtwara Urban Water Supply Authority (MTUWASA)
Repatriation - appellant recruited in Dodoma but preferred to be repatriated to
Nachingwea - whether the appellant was entitled to be repatriated to Nachingwea
and whether the respondents were obligated to pay him subsistence allowance
upon termination of his employment- section 53 of the then Employment
Ordinance, Cap. 366 (now section 59, Employment Act, Cap. 366 RE 2002).
Paul Yustus Nchia v. National Executive Secretary Chama Cha Mapinduzi
and Another
Representative suit - CMA F1 allegedly filled in and signed by first appellant
without indicating that he was mandated by the 20 other employees to fill, sign
and file the labour dispute on their behalf; and no application for a representative
suit was filed seeking leave to represent them – Whether or not the dispute
before the CMA was preferred by one employee or it involved even the other 20
appellants.
Elia Kasalile & 20 Others v. The Institute of Social Work
Representative suit – need for leave - whether the complaint filed in the CMA was
bad for want of leave to the 1st respondent to institute the dispute on behalf of the
other ten employees.
Security Group (T) Ltd v. Samson Yakobo & 10 Others
Review – Court agrees with both the CMA and the High Court that termination
of employment of applicants was both substantively and procedurally unfair –
Court refrains from granting the reliefs prayed for – Whether failure to grant the
reliefs constitutes an apparent error on the face of the record
Elia Kasalile & 17 Others v. Institute of Social Work
Review – manifest error on the face of the record – ingredients of an error on the
face of the record - Rule 66 (1) (a) of the Rules.
Justus Tihairwa v. Chief Executive Officer, TTCL
Revision – jurisdiction of the court – parameters in which the court’s revisional
jurisdiction can be invoked for the purposes of satisfying itself as to correctness,
legality or propriety of any finding, order or any decision made and as to the

xxvi
regularity of any proceedings of the High Court - section 4 (3) of the Appellate
Jurisdiction Act, Cap 141
Patrick Magologozi Mongella v. The Board of Trustees of the Public Service
Social Security Fund
Revision – jurisdiction of the Court – whether in a revision the Court has power
to re-appreciate and reassess the evidence on record and whether the ten grounds
of revision upon which the application is based raise matters of fact or points of
law.
Patrick Magologozi Mongella v. The Board of Trustees of the Public Service
Social Security Fund
Revision – jurisdiction of the Labour Court - Labour Court finds the second
application for setting aside the ex-parte award was time barred - validity of the
ex-parte award was not at issue as it was not raised as a ground of revision -.
Labour Court proceeded to vary the ex- parte award – Whether the variation of
the terms that obtained in it was improper.
Swilla Secondary School v. Japhet Petro
Revision – jurisdiction of the Labour Court – appeal arises from a decision on
revision against the decision of the arbitral tribunal refusing to set aside a
dismissal order - whether the Labour Court has jurisdiction to reverse
proceedings of the arbitral tribunal.
MIC Tanzania Limited v. Imelda Gerald
Right to be heard – Applicants denied the right to be heard before the disciplinary
committee - Whether the denial nullified the proceedings before the CMA and
High Court and whether there was an error on the face of the record
Elia Kasalile & 17 Others v. Institute of Social Work
Right to be heard –respondent’s Internal Audit Manual provides that no findings,
conclusions and recommendations should ever be incorporated in an audit report
that were not previously discussed with auditees – appellants requested for the
audit report but was not supplied to them – whether appellants were condemned
unheard.
Severo Mutegeki & Another v. Mamlaka ya Maji Safi na Usafi wa Mazingira
Mjini Dodoma (DUWASA)
Rules of natural justice – Chairman of the ICT sitting in its original jurisdiction
heard and determined the matter – the same Chairman heard and determined the

xxvii
matter while the ICT was sitting in its revisional jurisdiction – whether this
manifested breach of the nemo judex in causa sua rule – section 28(2) of the
Industrial Court Act 1967.
Tanzania Breweries Limited v. Mohamed Kazingumbe
Statutory benefits – Repatriation costs – Whether payment of repatriation costs
is conditional upon the employee indicating the date of departure - Section 43 of
the Employment and Labour Relations Act, Cap 360.
Bahari Oilfield Services FPZ Ltd v. Peter Wilson
Stay of execution – circumstances in which the court may grant an order for stay
of execution.
Zanzibar University v. Abdi A. Mwendambo & 2 Others
Stay of execution – notice of appeal – whether the High Court has jurisdiction to
issue an order of stay of execution while there is a notice of appeal pending in
the Court.
Serenity on the Lake Ltd v. Dorcus Martin Nyanda
Termination of employment - Employee terminated on ground of gross
dishonesty for the money entrusted to him as a driver - No evidence suggesting
that the respondent was formally charged – Whether the termination was
substantively and procedurally unfair.
Dew Drop Co. Ltd v. Ibrahim Simwanza
Termination of employment – Appellant alleged to have engaged in politics and
committed acts of gross dishonesty contrary to the employment manual – Whether
appellant’s termination was substantively and procedurally fair.
Felician Rutwaza v. World Vision Tanzania
Termination of employment – burden of proof – circumstances under which it can
be shifted.
National Microfinance Bank v. Leila Mringo & Others
Termination of employment – burden of proof – whether an employer has the
burden of proof that termination was fair.
Jimson Security Service v. Joseph Mdegela
Termination of employment - business in which the respondents were engaged
requires unqualified good faith and honesty, integrity, trust and confidence -
Respondents showed lack of good faith 'as well as gross negligence and

xxviii
misconduct – Whether termination was the appropriate sanction to the
respondents.
National Microfinance Bank v. Leila Mringo & Others
Termination of employment - By virtue of his office, appellant's disciplinary
authority was the respondent's Board of Directors – Appellant informed orally
by the Board of its decision to terminate the Appellant – Letter of termination
signed by the Acting Human Resources Director of the respondent – Whether the
appellant's dismissal from office was made by the proper authority and whether
the termination was substantively and procedurally unfair.)
Hamad Koshuma v. Tanzania Ports Authority
Termination of employment – dishonest – whether it may attract termination of
employment.
Paschal Bandiho v. Arusha Urban Water Supply and Sewerage Authority
(AUWASA)
Termination of employment – employee commits a misconduct which is also a
criminal offence - rules governing termination where conduct amounts to
criminal offence.
Peter Maghali v. Super Meals Limited
Termination of employment – fairness of termination – What constitutes fair
termination - Regulation 13 of the Code of Good Practice Rules, 2007.
Severo Mutegeki & Another v. Mamlaka ya Maji Safi na Usafi wa Mazingira
Mjini Dodoma (DUWASA)
Termination of employment – fairness of termination – What constitutes fair
termination - Regulation 13 of the Code of Good Practice Rules, 2007.
Severo Mutegeki & Another v. Mamlaka ya Maji Safi na Usafi wa Mazingira
Mjini Dodoma (DUWASA)
Termination of employment – fixed term contract – contract renewed after every
three months for four years - whether principles on fair termination apply to the
contract - section 35 of the ELRA
Serenity on the Lake Ltd v. Dorcus Martin Nyanda
Termination of employment – Investigations prior to hearing – charge formulated
without conducting investigation – whether rule 13 (1) of the Code of Good
Practice Rules, 2007 was contravened

xxix
Paschal Bandiho v. Arusha Urban Water Supply and Sewerage Authority
(AUWASA)
Termination of employment - Issue whether the appellant had fair reasons to
terminate the respondents was not subject of revision before the High Court
because it was never raised before the CMA – Issue was raised suo motu by the
High Court - Whether the High Court raised the issue without affording the
parties the right to be heard on it and whether it was inextricable to determine
the grounds for revision without referring to substantive fairness of the
termination.
National Microfinance Bank v. Leila Mringo & Others
Termination of employment – operational requirements – appellant terminated
by the respondent as the latter was undergoing structural reorganization –
whether the appellant was lawfully terminated.
Terevael M. Ngalami v. Kampuni Ya Simu (TTCL)
Termination of Employment – Reasonable Expectation of Renewal-
Interpretation of reasonable expectation of renewal – Whether under the
circumstances there was reasonable expectation of renewal- Section 36 (a) (iii)
of the Employment and Labour Relations Act [Cap 366 R.E. 2019] and Rule 3 (3)
and (4) of Employment and Labour Relations (Code of Good Practice) Rules,
2007, Government Notice No. 42 of 2007.
Asanterabi Mkonyi v. Tanesco
Termination of employment – Reasons for termination - Whether the reason for
termination was disclosed and if so, whether it was proper to give a different
reason from the one stated in the termination letters.
Elia Kasalile & 20 Others v. The Institute of Social Work
Termination of employment – remedies – whether unfair termination on
substantive and procedural matters attract the same penalty.
Veneranda Maro & Another v. Arusha International Conference Centre
Termination of Employment – Right to be Heard - Whether the termination of the
appellant from the employment was for valid reasons and if the procedure was
complied with - Rule 13 of the Employment and Labour Relations (Code of Good
Practice) Rules, Government Notice No, 42 of 200
Adela Damian Msanya v. Tanzania Electricity Supply Co. Ltd

xxx
Termination of employment – substantive and procedural fairness – whether
termination of employee made by improper authority amounts to unfair
termination.
Hamad Koshuma v. Tanzania Ports Authority
Termination of employment – termination by agreement – whether the common
law doctrine of estoppel applies.
Muhimbili National Hospital v. Linus Leonce
Termination of employment – termination letter – whether it was unauthentic and
illegal for not being signed by an authorized officer- Paragraph 9(1), (2) and (3)
of the first schedule to the Tanzania Ports Act No. 17 of 2004
Hamad Koshuma v. Tanzania Ports Authority
Time limitation – record of appeal – whether there is no time limit for effecting
service of letters requesting for certified copies of proceedings to the respondents
- Rule 90(3) of the Rules.
Novatus Williams Nkwama v. TUGHE
Time limitation - whether the application which was lodged by the appellants in
the High Court, to challenge the award of the CMA, was lodged out of the time
prescribed by the law and whether law prescribes the time limit within which to
serve the award to the parties - section 91 (1) (a) of the ELRA
William Mwakitalu & 29 Others v. PPF Pension Funds
Tort – malicious prosecution – ingredients to be proved thereto.
North Mara Gold Mine Limited v. Joseph Weroma Dominic
Wrong citation - Appeal – whether an appeal which emanates from the ruling
and drawn order of the High Court striking out an application for wrong citation
of the applicable law was properly before the Court.
Masolwa D. Masalu v. The Attorney General & Another

xxxi
 STATUTES JUDICIALLY CONSIDERED
1. The Law Reform (Fatal Accidents and Miscellaneous Provisions) Act,
[Cap. 310 R.E. 2019]
• Ezekiah T. Oluoch v. The Permanent Secretary The Permanent
Secretary, President’s Office Public Service Management & 4
Others
• Masolwa D. Masalu v. The Attorney General, District Executive
Director, Mbozi District Council

2. Judicature and Application of Laws, [Cap 358 R.E. 2002]

• Ezekiah T. Oluoch v. The Permanent Secretary, President’s Office
Public Service Management & 4 Others
• North Mara Gold Mine Limited v. Isaac Sultan
• North Mara Gold Mine Limited v. Khalid Abdallah Salum

3. Appellate Jurisdiction Act [Cap. 141 R.E. 2002]

• Bernard Gindo v. ToL Gases Limited
• Celestine Samora Manase & 12 Others v. Tanzania Social Action
Fund & Another
• Chama cha Walimu Tanzania v. The Attorney General

xxxii
 • CMA – CGM Tanzania Limited v. Justine Baruti
• Elia Kasalile & 17 Others v. Institute of Social Work
• Gaspar Peter v. Mtwara Urban Water Supply (MTUWASA)
• Generator Logic v. Eli Mukuta
• Grumeti Reserves Ltd. v. Morice Akiri
• Juma Busiya v. Zonal Manager South Tanzania Postal
Corporation
• Khadija Lumbi v. Tanzania Revenue Authority
• Msolwa Masalu v. The Attorney General & Another
• Nyanza Road Works Limited v. Giovanni Guidon
• Patrick Magologozi Mongella v. The Board of Trustees of the
Public Service Social Security Fund
• Peter Mabimbi v. Minister for Labour and Youths Development &
2 Others
• Peter Samanya Msacky v. Chief Executive Officer Agricultural
Seed Agency & 2 Others
• Remigious Muganga v. Barrick Bulyanhulu Gold Mine
• Serenity on the Lake v. Dorcus Martin Nyanda
• Tanzania Posts Corporation v. Jeremiah Mwandi
• The Copycat Tanzania Limited v. Mariam Chomba
• TUICO v. The Chairman Industrial Court of Tanzania & Another
• Unilever Tanzania Limited v. Davis Paulo Chaula

4. Civil Procedure Act, [Cap 33 R.E. 2019]

• Barclays Bank Ltd v. Phylisian Hussein Mcheni
• Barclays Bank Tanzania Limited v. Phylisian Hussein
• Benedict Mumello v. Bank of Tanzania
• Elia Kasalile & 20 Others v. The Institute of Social Work

xxxiii
 • Ezekiah T. Oluoch v. The Permanent Secretary, President’s Office
Public Service Management & 4 Others
• Generator Logic v. Eli Mukuta
• Hassan Twaib Ngonyani v. Tazama Pipeline Limited
• Mantra Tanzania Limited v. Joaquim Bonaventure
• MIC Tanzania v. Albert P. Milandi
• North Mara Gold Mine Limited v. Khalid Abdallah
• North Mara Gold Mine Ltd v. Isaac Sultan
• Remigious Muganga v. Barrick Bulyanhulu Gold Mine
• Serenity on the Lake v. Dorcus Martin Nyanda
• Unilever Tanzania Tea Limited v. Davis Paulo Chaula

5. Criminal Procedure Act [Cap 20 R.E. 2019]

• MIC Tanzania Ltd v. Albert P. Millanzi

6. National Defence Act 1966 (No. 24)

• MIC Tanzania Ltd v. Albert P. Milanzi

7. The Oaths and Statutory Declarations Act [Cap 34 R.E. 2019]

• MIC Tanzania Ltd. v. Albert P. Milanzi
• The Copycat Tanzania Limited v. Mariam Chomba
• Unilever Tea Tanzania Limited v. Davis Paulo Chaula

8. The Banking and Financial Institutions Act, 2006

• Haider Mwinyimvua & 99 Others v. DIT & Another

9. Evidence Act, [Cap 6 R.E. 2002]

xxxiv
 • North Mara Gold Mine v. Joseph Weroma Dominic
• St. Joseph Kolping Secondary School v. Alvera Kashushura

10. The Law of Limitation Act, [Cap 89 R.E. 2002]

• Barclays Bank Tanzania Limited v. Phylisian Hussein Mcheni
• Masolwa D. Masalu v. The Attorney General & Another

11. Constitution of the United Republic of Tanzania 1977

• Elia Kasalile & 20 Others v. The Institute of Social Work
• Ezekiah T. Oluoch v. The Permanent Secretary, President’s Office
Public Service Management & 4 Others
• National Microfinance Bank Limited v. Neema Akeyo
• Severo Mutegeki & Another v. Mamlaka ya Maji Safi na Usafi wa
Mazingira Mjini Dodoma (DUWASA)

12. Written Laws (Miscellaneous Amendments) (No. 3) Act 2018

• Bernard Gindo v. ToL Gases Limited
• Gaspar Peter v. Mtwara Urban Water Supply Authority
(MTUWASA)
• Tanzania Posts Corporation v. Jeremiah Mwandi

13. The Land Disputes Courts Act, [Cap. 216 R.E. 2002]
• Edger Kahwili v. Amer Mbarak & Another.

14. Interpretation of Laws Act [Cap 1 R.E. 2019]

• CMA CGM Tanzania Ltd v. Justine Baruti
• National Microfinance Bank v. Leila Mringo & 2 Others
• National Microfinance Bank v. Victor Modest Banda

xxxv
15. Public Service (Negotiating Machinery Act 2003
• Chama cha Walimu Tanzania v. AG
16. Tax Revenue Appeals Act [Cap 408 R.E. 2019]
• National Microfinance Bank Limited v. Neema Akeyo
• Pangea Minerals v. Gwandu Majali

17. The Social Security Laws (Amendments) Act, 2012

• Patrick Magologozi Mongella v. The Board of Trustees of the
Public Service Social Security Fund

18. Employment Ordinance Cap 366

• Hassan Twaib Ngonyani v. Tazama Pipeline
• Paul Yustus Nchia v. National Executive Secretary CCM &
Another

19. Public Service Act [Cap 298 R.E. 2002]

• Ezekiah T. Oluoch v. The Permanent Secretary, President’s Office
Public Service Management & 4 Others
• Joseph Khenani v. Nkasi District Council
• Tanzania Posts Corporation v. Jeremiah Mwandi

20. Security of Employment Act [Cap 387 R.E. 2002]

• Hassan Twaib Ngonyani v. Tazama Pipeline Limited
• John Bosco Kazinduki v. Minister for Labour & Another
• Juma Busiya v. Zonal Manager, South Tanzania Postal
Corporation

xxxvi
21. Industrial Court of Tanzania Act, 1967 [Cap 60 R.E. 2002]
• Tanzania Breweries Limited v. Mohamed Kazingumbe
• Terevael M. Ngalami v. Kampuni ya Simu (T) TTCL

22. Written Laws (Miscellaneous Amendments) Act, 2016, No.13 of 2016

• Joseph Khenani v. Nkasi District Council

23. Electronic Transactions Act, 2015 No. 13/2015

• Magnet Construction Company v. Bruce

24. Law of Contract Act Cap 345

• Muhimbili National Hospital v. Linus Leonce

25. Kevala Building (Lease and Rent Control) Act 1965 - India
• Patrick Magologozi Mongella v. The Board of Trustees of the
Public Service Social Security Fund

xxxvii
 ILO CONVENTIONS/RECOMMENDATIONS AND OTHER
INTERNATIONAL INSTRUMENTS JUDICIALLY CONSIDERED

1. Termination of Employment Convention, 1982 (No. 158)

• St. Joseph Kolping Secondary School v. Alvera Kashushura

2. Discrimination (Employment and Occupation) Convention, 1958 (No.

111)
• National Microfinance Bank Limited v. Neema Akeyo

xxxviii
 STATUTORY PROVISIONS REFERRED TO
Appellant Jurisdiction Act [Cap 141 R.E.2019]
s 3A
s 4(2), (3), (4) and (5)
s 5(1) (c ), (2) (a), (d)
Banking and Financial Institutions Act. 2006
s 41(1)(a)
s 61(1)
Constitution of United Republic of Tanzania
a 13(6)(a)
Civil Procedure Code [Cap 33 R.E.2019]
s 38(1)
s 70(2)
s 95
Order VIII rule 7
Order IX, rule 13
Order XXI rule 57
Order XXXIX rule 1 (1)
Order XVIII rule 5
Order XLIII (1)(i)
Criminal Procedure Act, [Cap 20. R.E.2019]
s 210(1)(a)
Discrimination (Employment and Occupation) Convention, 1958
a1

xxxix
Electronic Transaction Act, 2015
s 18

Employment and Labour Relations (Code of Good Practice) GN. No

42/2007
r 3 (3) and (4)
r 4(2)
r 7(2) (b)
r 12(1)(iv) and (v), (2),(3),(4) and (5)
r 13(1), (3), (8) and (10)
r 24 (11) (a) and (c)
r 38(i)(d), (iii)
r 94(1) (f) (11)

Employment and Labour Relations Acts [Cap. 366 R.E. 2019]

s 7(9)
s 14 (1) (a) and (b) (i)
s 25(1)
s 35
s 36 (a) (iii)
s 37 (1), (2) (a) (c), (4)
s 38
s 39
s 40 (1) (a) and (3)
s 42 (1) and (2)
s 43
s 44(1)

xl
s 47 (c)
s 53(1)
s 57(1)
s 59
s 62(4)(a)
s 86
s 87(5)
s 88(9)
s 91 (1), (2) and (3)
s 93(4) and (7)
s 94 (1) (e) and (f)
s 99 (1) (a)
s 186 (b)

Employment and Labour Relations (General) Regulations GN No.47 0f

2017
r 16(1), (2)

Industrial Court of Tanzania Act [Cap. 60 R.E 2019]

s 8(a)
s 28(2)
Interpretation of Laws Act, [Cap 1 R.E. 2019]
s 60 (1) (f)

Law of Contract Act, [Cap 345. R.E.2019]

s 2(1)(a)

Law of Limitation Act [Cap 89 R.E 2002]

s3

xli
s 43
s 46
Law Reform (Fatal Accidents and Miscellaneous Provisions) Act [Cap 310
R.E. 2002]
s 17(5)
s 19(2),(3)
Law Reform (Fatal Accidents and Miscellaneous Provisions) (Judicial
Review Procedure and Fees) Rules, 2014 GN. No. 324 of 2014
r 5(1) (2(3)
Local Government (Teachers Service Scheme) of 2016 G.N. No. 311 of 2016
r 37
Standing Orders for Public Service of 2009
s 19 (1) (2)

Judicature and Application of Laws Act [Cap 358 R.E. 2002]

s 2(1) and (3)
Tanzania Court of Appeal Rules, 2009- GN. No. 368 of 2009
r 4(2)(a),(b),(c)
r 10
r 11 (3)
r 19(1)
r 36 (1)
r 45
r 63(2)
r 66 (1) (a), (6)
r 84 (1)
r 89(3)
r 90(1),(3)
r 94(1),(2),(3)
r 96 (1), (2), (3),(7)
r 97(1)
r 96 (8)

xlii
r 106 (1),(7),(10)
r 107 (1),(12)
r 113(1)

Tanzania Evidence Act [ Cap 6 R.E.2019]

s 110
s 111
Tax Revenue Appeals Act [Cap. 408 R.E. 2019]
s 25 (2)

Muhimbili National Hospital Act No. 3 of 2002

s 12 (c)
Oaths and Statutory Declarations Act [Cap 34 R.E. 2019]
s2
s 4 (a)
s 10
Labour Institutions (Mediation and Arbitration Guidelines) Rules, GN. No.
67 of 2007
r3
r 4 (2)
r 5 (1),(2),(3)
r 10(2)
r 12(1)
r 17(1)
r 19(2)(a)
r. 21
r 25 (1)
r 30(1)

xliii
r 32 (2) (d)
Labour Institutions (Ethics and Code of Conduct for Mediators and
Arbitrators) Rules, G.N. No. 66 of 2007
r 5 (h) and (i)

Labour Court Rules G.N. No. 106 of 2007

r 3(1)
r 24 (11)(a) and (c)
r 28(1)
r 38 (1) and (2)
r 50(2)
r 55(1),(2)

Labour Institutions Act, [Cap 300 R.E 2019]

s 12
s 50
s 55 (1)
s 57
Land Disputes Courts Act [Cap 216 R.E. 2019]
s 23(1),(2)
Security of Employment Act [Cap. 387 R.E. 2002]
s 40 (1) (a)

Public Service (Negotiating Machinery) Act, 2003;

s 26 (2) (d)
s 32A

Public Service Regulations, 2003

xliv
r 29
r 40(1)
r

xlv
 CASES REFERRED TO
A
AAR Insurance (T) Ltd. v. Beatus Kisusi, Civil Appeal No. 67 of 2015
Abbas Sherally & Another v. Abdul S. H. M. Fazalboy, Civil
Application No. 33 of 2002
Abdi Adam Chakuu v. The Republic, Criminal application No. 2 of 2012
Abdon Edward Rwegasira v. The Judge Advocate General, Criminal Application
No. 5 of 2011
Addissery Raghavan v. Cheruvalath Krishnadasan, Civil Appeal No. 2528-29 of
2020
Aero Helicopter (T) Ltd. v. F. N. Jansen [1990] T.LR. 142
Africa in Almalgated Beverage Industries (Pty) v. Jacker [1993] 14 ILJ
12 33 (LAC)
African Marble Company Limited (AMC) v. Tanzania Saruji Corporation TSC,
Civil Application No. 132 of 2005
Aikaeli Mbowe & Another v. Alex O. Lema, Civil Appeal No. 84 of 2001
Air Services Ltd v. Minister for Labour and 2 Others, (1996) T.L.R. 217
Aliseo Peter Nditi v. KCB Bank Tanzania Limited, Civil Application No. 59 of
2015
Aloyce Msele v. The Consolidated Holding Corporation, Civil Appeal No. 11 of
2002
Amani Girls Home v. Issack C. Kamela, Civil Application No. 18 of 2014
Andrew Mseul and 5 Others v. The National Ranching Company Ltd and
Another, Civil Appeal No. 205 of 2016
Anthony Ngoo and Another v. Kitinda Kimaro, Civil Appeal No. 25 of 2014
Antony J. Tesha v. Anita Tesha, Civil Appeal No. 10 of 2003
Arusha Hardware Traders Ltd and 2 others v. M/s Exim Bank Tanzania Limited,
Civil Application No. 38 of 2015
Atlas Copco Tanzania Limited v. Commissioner General, Tanzania Revenue
Authority, Civil Appeal No. 167 of 2019
Attilio v. Mbowe (1969) HCD 284
Attorney Ajar Patel v. Abdulrazak Jussa Suleiman, ZNZ Civil Application No. 2
of 2003
Attorney General & 2 Others v. Eliud Massawe & 104 Others, Civil Appeal No.
82 of 2002

xlvi
Attorney General v. Ahmed Yakuti, Civil Appeal No. 49 of 2004
Attorney General v. Mwahezi Mohamed and 3 Others, Civil Application No. 314
/12/ of 2020
Attorney-General for Canada v. Hallet & Carey Ltd. [1952] A.C. 427
Augustino L. Mrema v. R., Cr. Appeal NO. 61 OF 1988
Augustino Masonda v. Widmel Mushi, Civil Application No. 383/13 of 2018
Awiniel Mtui & Two Others v. Stanley Ephata Kimambo (Attorney for Ephata
Mathayo Kimambo), Civil Appeal No. 97 of 2015

B
Bariki Israel v. R., Criminal Application No. 4 of 2011
Barnabas Msabi Nyamonge v. Assistant Registrar of Titles and Shufaa Jambo
Awadhi, Civil Appeal No. 176 of 2018
Barsi Light Rly. Co. Ltd. v. K. N. Ioglekar, AIR 1957 SC 121
Bazon v. Attrinchan Urban District (1903, 1KB 948)
Benedict Mumello v. Bank of Tanzania, Civil Appeal No. 12 of 2002
Bharya Engineering & Contracting Co. Ltd v. Hamoud Ahmed Nassor, Civil
Application No. 342/01 of 2017
Blueline Enterprises Limited v. East Africa Development Bank, Civil Application
No. 103 of 2003
Board of Trustees of the Public Service Pensions Fund v. lalia Mayanja and
Godfrey Ngonyani, Labour Revision No. 248 of 2017
Bulyanhulu Gold Mines (T) Ltd v. Nichodemus Kajungu and 1151 Ors; Civil
Application No. 37 of 2013
Bushiri Hassan v. Latifa Lukio Mashayo, Civil Application No. 3 of 2007

C
Cable Television Network (CTV) Ltd v. Athumani Kuwinga, Revision No 94 of
2009
Castellow v. Somerset County Council [1993] 1 All E.R. 952
Catholic University of Health and Allied Sciences (CUHAS) v. Epiphania
Mkunde Athanase, Civil Appeal No. 257 of 2020
Celestine Samora Manase & 12 Others v. The Tanzania Social Action Fund and
Another, Civil Appeal No. 318 of 2019
CGM Tanzania Limited v. Justine Baruti, Civil Appeal No. 23 of 2020
Chacha S/o Ghati Magige v. Republic, Criminal Appeal No. 406 of 2017

xlvii
Chama Cha Walimu Tanzania v. The Attorney General, Civil Application No. 15
of 2008
Chandrakant Joshubhai Patel v. Republic [2004] T.L.R. 218 at 225.
Chandrankat Joshubhai Patel v. The Republic, [2004] T.L.R. 218
Charles Christopher Humphrey Kombe v. Kinondoni Municipal
Council, Civil Appeal No. 81 of 2017
Charles Mabula v. Republic, Criminal Appeal No. 191 of 2012
China Henan International Co-Operation Group v. Salvand K.A. Rwegasira,
Civil Application No. 22 of 2005
Citibank Tanzania v. Tanzania Telecommunication Company Limited and
Others, Civil Application No. 64 of 2003
CMA - CGM Tanzania Limited v. Justine Baruti, Civil Appeal No. 23 of 2020
Communication and Transport Workers Union of Tanzania COTWU (T) v.
Fortunatus Cheneko, Complaint No. 27 of 2008 (HC)
Credo Siwale v. The Republic, Criminal Appeal No. 417 of 2013 and Mbogo and
Another v. Shah [1968] EA 93

D
Dar es Salaam City Council v. Jayantilal P. Rajani (CAT) Civil Application No.
27 of 1987
Dierks v. University of South Africa (1999) 20 ILJ 1227
District Executive Director, Kilwa District Council v. Bogeta Engineering
Limited, Civil Appeal No. 37 of 2017
Dr. Noordin Jella v. Mzumbe University, Complaint No. 47 of 2008

E
East Africa Development Bank v. Blueline Enterprises, Civil Application No 47
of 2010
Ecobank Tanzania Limited v. Future Trading Company Limited, Civil Appeal
No. 142 of 2017
Ecobank Tanzania Limited v. Future Trading Company Limited, Civil Appeal
No. 82 of 2019
Edina Adam Kibona v. Absolom Swebe (Sheli), Civil Appeal No. 286 of 2017
Edward Bachwa & Three Others v. The Attorney General & Another, Civil
Application No. 128 of 2008
Election Commission of India v. Subramantan Swamy, SC 1810
Elia Kasalile & 20 Others v. The Institute of Social Work, Civil Appeal No. 145
of 2016

xlviii
Elia Kasalile and 17 others v. Institute of Social Work; Civil Application No.
187/18 of 2018
Elia Kasalile and 20 Others v. The Institute of Social Work, Civil Appeal
No. 145 of 2016
Elidhiaha Fadhili v. The Executive Director, Mbeya City Council, Civil
Appeal No. 24 of 2014
Elifazi Ntatega & 3 Others v. Caspian Mining Ltd, Miscellaneous Labour
Application No. 34 of 2015
Eliya Anderson v. Republic, Criminal Application No. 2 of 2013
Elizabeth Jerome Mmassy v. Edward Jerome Mmassy and Six Others, Civil
Appeal No. 390 of 2019
Esanyi v. Solonki [1968] EA 218
Eshie Mossy Mbaruku v. Bi Kungwa Rajah, Civil Appeal No. 58 of 2013
Eusebia Nyenzi v. Republic, Criminal Application No. 6 of 2013
F
Fabian Akonaay v. Mathias Dawite, Civil Application No. 11 of 2003
Farrel v. Alexander [1976] 2 ALL ER 721, P. 736
Fatuma A. Simbambili v. Dokasi Mhina, Civil Appeal No. 84 of 2015
Felician Rutwaza v. World Vision Tanzania, Civil Appeal No. 213 of 2019
Felician Rutwaza v. World Vision Tanzania, Criminal Appeal No. 213 of 2019
Felix Turnbo Kisima v. TTCL Limited and Another, Civil Application No. 1 of
1997
Finca Tanzania Ltd v. Wildman Masika and 11 Others, Civil Appeal
No. 173 of 2016
Finca Tanzania Ltd v. Wildman Masika and 11 Others, Civil Appeal No. 173 of
2016
Fisher v. Bell [1961] 1 Q.B. 394
Fortunatus Masha v. William Shija and Another [1997] T.L.R. 154
Foschini Group v. Commission for Conciliation, Mediation and Arbitration and
Others (2008) 29 ILJ 1515 (LC)
Frederick J. Chacha v. Stemo Security Co. Ltd., Labour Revision No. 92 of 2011
Fredrick Mizambwa v. Tanzania Ports Authority, Revision No. 220 of 2013

G
Gaspar Peter v. Mtwara Urban Water Supply Authority (Mtuwasa), Civil Appeal
No. 35 of 2017

xlix
Gaspar Peter v. Mtwara Urban Water Supply Authority, Civil Appeal No. 35 of
2017
Gatirau Peter Munya v. Dickson Mwenda Kithinji & Three Others [2014] eKLR
Geita Gold Mining Co. Ltd v. Jumanne Mtafuni, Civil Appeal. No. 30 of 2019
Girango Security Group v. Rajabu Masudi Nzige, Labour Revision No. 164/2013
Godbless Jonathan Lema v. Mussa Hamis Mkanga & Two Others, Civil Appeal
No. 47 of 2012
Gujarat v. Consumer Education and Research Centre (1981) AIR GU] 223]
Gurmit Singh v. Meet Singh & Another, Civil Appeal No. 256 of 2018

H
Halais Pro Chemie v. Wella A.G. [1996] T.L.R. 269 (CA)
Halfan Sudi v. Abieza Chichili [1998) T.L.R 527 at page 529
Halima Hassan Marealle v. Parastatal Sector Reform Commission & Another,
Civil Application No 84 of 1999
Hamis Chuma @ Hnado Mhoja and Another v. The Republic, Criminal
Appeal No. 371 of 2015
Hamis Said Mkuki v. Fatuma Ally, Civil Appeal No. 147 of 2017
Hamisi Chuma@ Hando Mhoja and Another v. Republic, Criminal Appeal No.
371 of 2015
Hamisi Mdida and Another v. The Registered Trustees of Islamic Foundation,
Civil Appeal No. 59 of 2020; and
Harrison Mandali & Others v. The Registered Trustees of the Archdiocese of Dar
es Salaam, Civil Application No. 482/17 of 2017
Hasmukh Bhangwanji Masrani v. Dodsal Hydrocarbons and Power (Tanzania)
PVT Limited & Three Others, Civil Application No. 100 of 2013
Heat Exchangers (Pty) Ltd v. Victor J L De Araujo & 2 Others, Case No: JR
155/16
Henry Hidaya Ilanga v. Manyema Manyoka [1961] E.A. 705
Henry Leonard Maeda and other v. Ms. John Anael Mongi, Civil Application No.
31 of 2013
Hezron M. Nyachiya v. Tanzania Union of Industrial and Commercial Workers
and Another, Civil Appeal No. 79 of 2001
Hosia Lalata v. Gibson Mwasote [1980] T.L.R. 154
Hotel Travertine Limited & 2 Others v. National Bank of Commerce [2006]
T.L.R. 133.
I

l
I.S. Msangi v. Jumuiya ya Wafanyakazi Tanzania & Another, Civil Appeal No.
26 of 1991
Independent Power Tanzania Ltd & Another v. Standard Chartered Bank (Hong
Kong) Limited, Civil Revision No. 1 of 2009
Insignia Limited v. Commissioner General, Tanzania Revenue Authority, Civil
Appeal No. 14 of 2007
International Medical and Technological University v. Eliwangu Ngowi, HC,
Labour Division at Dar es Salaam, Revision No. 54 of 2008
Iringa International School v. Elizabeth Post, Civil Appeal No. 155 of
2019
Isaack Sebegele v. Tanzania Portland Cement Co. Ltd, Civil Reference No. 26 of
2004
J
J.H. Komba, Esq, Ex-Employee, E.A. Community v. The Regional Revenue
Offcer, Arusha & Two Others, Ar, Civil Application No. 3 of 2002
Jafari s/o Ramadhani v. The Republic, Criminal Appeal No. 311 of 2017
Jaffari Sanya Jussa and Ismail Sanya Jussa v. Saleh Sadiq Osman, Civil Appeal
No. 54 of 1997
James Funke Gwagilo v. Attorney General [2004] T.L.R. 161
Japhet Msigwa v. Republic, Criminal Application No. 7 of 2011
Jimson Security Service v. Joseph Mdegele, Civil Appeal No. 152 of 2019
John Chuwa v. Anthony Ciza [1992] T.L.R. 233
John Cornel v. A. Grevo (T) Ltd, Civil Case No. 70 of 1998
John David Kashekya v. The Attorney General, Civil Appliec1tion No. 1 of 2012
John Morris Mpaki v. NBC Ltd and Ngalagila Ngonyani, Civil Appeal No. 95 of
2013
Jonathan M. Mwamboza v. Bishop Dr. Stephen Munga & Another, Labour
Dispute No. 1 of 2011
Jooste v. Transnet Ltd t/a South African Airways [1995] 16 ILJ 629
(LAC).
Joseph Elisha vs. Tanzania Postal Bank, Civil Appeal No. 157 of 2019
Joseph M. Mutashobya v. M/S Kibo Match Group Limited [2004] T.L.R 242
Joseph Mahona @ Joseph Mbije @ Maghembe Mboje and Another v. The
Republic, Criminal Appeal No. 215 of 2008
Julius Francis Ndyanabo v. The Attorney General [2004] T.L.R. 14
Juma Akida Seuchango v. SBC (Tanzania) Limited, Civil Appeal No. 7 of 2019

li
Junaco (T) Ltd and Another v. Harel Mallac Tanzania Limited, Civil Application
No. 473/ 16 of 2016

K
Kabula Luhende v. The Republic, Criminal Appeal No. 281 of 2014
Karata Ernest and Others v. The Attorney General, Civil Revision No.10 of 2010
Karim Kiara v. Republic, Criminal Application No. 4 of 2007
Katani A. Katani v. The Returning Officer, Tandahimba District and 2
Others, Civil Appeal No. 115 of 2011
Kemp t/a Centralmed v. Rawlins [2009] 30 ILJ 2677
Kenya Airways vs Nyanda Mgwesa Nyanda, Civil Appeal No. 23 of 2012,
Khadija Lumbi v. Tanzania Revenue Authority, Civil Appeal No. 240 of 2019
Khantibhai M. Patel v. Dahyabhai F. Minstry [2003] TLR 437
Kilombero Sugar Company Limited v. Commissioner General (TRA), Civil
Appeal No. 14 of 2007
Kombo Hamis Hassan v. Paras Keyoulous Angelo, Civil Appeal No. 14 of 2008

L
Lala Wino v. Karatu District Council, Civil Application No. 132/02 of 2018
Laurean Rugaimukamu v. The Editor, Mfanyakazi Newspaper and Another
[2001] T.L.R. 79.
Lekengere v. Minister for Tourism (2000) TLR
Lever Brothers Ltd v Bell (1931) 1 KB 557
Lindsey Petroleum Company v. Hurd and Others (1873-74) LR 5 PC 221
Lujuna Shuhi Ballonzi, Senior v. Registered Trustees of Chama cha Mapinduzi
[1996] T.L.R. 203
Lyamuya Construction Company Limited v. Board of Registered Trustees of
Young Women's Christian Association of Tanzania, Civil Application No. 2 of
2010
M
M/s Flycatcher Safaries Ltd v. Hon. Minister for Lands and Human Settlements
Development and Another, Civil Appeal No. 142 of 2017
M/s. Sri Raja v. Lakshmi Dyeing Works and Others v. Rangaswamy Chettiar
[(1980) 4 sec 246]
Magnus K. Laurean v. Tanzania Brewaries Limited, Civil Appeal No. 25 of 2018
Makorongo v. Consigilio [2005] 1 EA 247

lii
Mandorosi Village Council and Two Others v. Tanzania Breweries Limited and
Four Others, Civil Appeal No. 66 of 2017
Manjit Singh Sandhu and 2 others v. Robiri R. Robiri, Civil Application No. 15
of 2014
Mantrac Tanzania Ltd v. Raymond Costa, Civil Application No. 11 of 2010
Margwe Erro and Two Others v. Moshi Bahalulu, Civil Appeal No 111
Martin D. Kumalija & 117 Others v. Iron and Steel Ltd, Civil Application No.
70/18 of 2018
Mashaka Henry v. Republic, Criminal Application No. 2 of 2012
Mathias Eusebi Soka v. The Registered Trustees of Mama Clementina
Foundation & Two Others, Civil Appeal No.40 of 2001
Mayira B. Mayira and Four Others v. Kapunga Rice Project, Civil appeal No.
359 of 2019
Mbeya – Rukwa v. Jestina Mwakyoma (2003) T.L.R. 251
Mbeya- Rukwa Auto Parts and Transport Ltd. v. Jestina George Mwakyoma,
(2003) T.L.R. 251
Mbowa v. East Mengo Administration [1972] EA 353
Meenakshi Mills, Madurai v. The Commissioner of Income Tax, Madras (1957)
AIR 49, 1956 SCR 691
Melchiades John Mwenda v. Gizelle Mbaga (Administratrix of the Estate of John
J. Mbaga - deceased) & 2 Others, Civil Appeal No. 57 of 2018
Melita Naikiminjal & Loishilaari v. Sailevo Loibanguti [1998] T.L.R. 12
Mhajiri Uladi and Another v. Republic, Criminal Appeal No. 234 of 2020
MIC Tanzania Limited and 3 Others v. The Golden Globe International Services
Limited, Civil Application No. 341/011 of 2017
MIC Tanzania Limited and Three Others v. Golden Globe International Services
Limited, Civil Application No. 1/16 of 2017
Michael Kirobe Mwita v. AAA Drilling Manager [2014] LCCD 1
Michael Lessani Kweka v. John Eliafye [1997] T. L. R.152
Mobrama Gold Corporation Ltd. v. Minister for Energy and Minerals and the
Attorney General and East African Goldmines Ltd. as Intervener, [1998] T.L.R.
425
Mohamed Iqbal v. Esrom M. Maryogo, Civil Application No. 141/01 of 2017
Mohamed Said @ Muddi v. Republic, Criminal Appeal No. 316 of 2014
Mondorosi Village Council and 2 Others v. Tanzania Breweries Limited & 4
Others, Civil Appeal No. 66 of 2017

liii
Mondorosi Village Council and Two Others v. Tanzania Breweries Limited and
Four Others, Civil Appeal No. 66 of 2017
Moses Mwakibete v. The Editor - Uhuru and Two Others [1995] T.L.R. 134
Mtambua Shamte & 64 Others v. Care Sanitation and Suppliers, Revision No.
154 of 2010
Mtenga v University of Dar es Salaam (1971) HCD 247
MUCOBA Bank PLC v. Herry Bwende, Labour Revision No. 32 of 2017
Muhidin Ally @ Muddy and 2 Others v. Republic, Criminal Appeal No. 2 of 2006
Mukisa Biscuits Manufacturing Company Ltd vs West End Distributors Ltd
(1969) E. A. C. A 696
Municipality of Mombasa v. Nyali Limited [1963] EA 371
Murtaza Ally Mangungu v. The Returning Officer of Kilwa and two Others, Civil
Application No. 80 of 2016
Mwita s/o Mhere v. The Republic, [2005] T.L.R.107

N
NAFCO v. Mulbadaw Village Council & Others [1985] T.L.R. 91
Nakomolwa Matepeli Shila v. Mwanahamisi Ally Nongwa (Legal Representative
of Kidawa Seif (the Deceased), Civil Appeal No. 21 of 2016
National Agricultural Food Corporation (NAFCO) v. Mulbadaw Village Council
& Others [1985] 1lR 88
National Bank of Commerce Limited and Steven R. K. Shiletwa v. Ballast
Construction Company Limited, Civil Appeal No. 72 of 2017
National Bank of Commerce Limited v. National Chicks Corporation Limited and
4 Others, Civil Appeal No. 129 of 2015
National Bank of Kenya Limited v. Ndungu Njau [1997] eKLR
National Housing Corporation v. Tanzania Shoes and Others [1995] T.L.R 251
National Insurance Corporation v. Maligisa Manyangu and 24 Others, Civil
Revision No. 14 of 2017
National Microfinance Bank PLC v Oddo Odila Mbunda, Civil Appeal No. 95 of
2015
National Microfinance Bank v. Leila Mringo and 2 others; Civil Appeal No. 30
of 2018
National Microfinance Bank v. Muyodeso, Criminal Appeal No. 289 of 2019
Nestory Simchimba v. The Republic, Criminal Appeal No. 454 of 2017
Ngasa Kapuli @ Sengerema v. Republic, Criminal Appeal No. 160 "B" of 2014

liv
Njake Enterprises Limited v. Blue Rock Limited and Another, Civil Appeal No.
69 of 2017
NMB BANK PLC v. Andrew Aloyce, Revision No. 1 of 2013
North Mara Gold Mine Limited v. Isaac Sultan, Civil Appeal No.458 of 2020

O
Olmeshuki Kisambu v. Christopher Nain’gola [2002] TLR 280 at 283
Omar y Makunja v. Republic, Criminal Application No. 22 of 2014
Osward Masatu Mwizarubi v. Tanzania Fishing Processing Ltd, Civil
Application No. 13 of 2010
P
Pangea Minerals Limited v. Gwandu Majali, Civil Appeal No. 504 OF 2020
Pangea Minerals Limited v. Gwandu Majali, Civil Appeal No. 504 of 2020
Patrobert Ishengoma v. Kahama Mining Corporation Ltd Barrick Tanzania
Bulyanhulu), Minister for Labour Employment and Youth Development and The
Attorney General, Civil Application No.172 of 2016
Paul A. Kweka & Another v. Ngorika Bus Services and Transport Co. Ltd.,
Civil Appeal No. 129 of 2002
Paul Yustus Nchia v. National Executive Secretary Chama cha Mapinduzi, Civil
Appeal No.85 of 2005
Paul Yustus Nchia v. National Executive Secretary, Chama Cha Mapinduzi &
Another, Civil Appeal No. 85 of 2005
Peter Kindole v. Republic, Criminal Application No. 3 of 2011
Peter Noel Kingamkono v. Tropical Pesticides Research, Civil Application No.
2 of 2009
Philip Tilya v. Vedasto Bwogi, Civil Application No. 546/01 of 2017
Pipraich Sugar Mills Ltd. v. Pipraich Sugar Mills Mazdoor Union,1956 SCR 872,
AIR 1957 SC 95
Pretoria Society for the Care of the Retarded v. Loots [1997] 18 ILJ 981
(LAC)
Principal Secretary, Ministry of Defence and National Service v. Devram
Valambhia [1992] T.L.R. 387
Puma Energy Tanzania Ltd. v. Ruby Road Ways (T) Ltd, Civil Appeal No. 3 of
2018

R
Rahel Mbuya v. Minister for Labour and Youth Development and Another, Civil
Appeal No. 121 of 2005

lv
Rash Lal Yadav (Dr) v. State of Bihar, JT 1994 (4) SC 228
Raymond Costa v. Mantrac Tanzania Limited, Civil Application No. 42/08 of
2018
Razia Jaffer Ali v. Ahmed Sewji and Five Others [2006] T.L.R 433
Roshan Meghee & Company Limited v. Commissioner General of Tanzania
Revenue Authority [2017] T.L.R. 482

S
Sabastian Ndaule v. Grace Rwemafa, Civil Application No. 4 of 2014
Said Mohamed Nzegere v. Aarsleef Ban International, Labour Revision No. 17
of 2019
Salhina Mfaume & 7 Others v. Tanzania Breweries Co. Ltd, Civil Appeal No.
111 of 2017
Salim Sunderji and Capital Development Authority v. Sadrudin Shariff Jamal
[1993] T.L.R. 224
Salvand K. A. Rwegasira v. China Henan International Group Co. Ltd., Civil
Reference No. 18 of 2006
Samson Njarai v. Jacob Mesoviro, Civil Appeal No. 98 of 2015
Samwel Kobelo Muhulo v. National Housing Corporation, Civil Application No.
302/17 of 2017
Sanai Murumbe and Another v. Muhere Chacha [1990] T.L.R 54
Sebastian Ndaula v. Grace Rwamafa, Civil Application No. 4 of 2014
Security Group (T) Ltd v. Samson Yakobo and 10 Others, Civil Appeal No. 76 of
2016
Security Group (T) Ltd. V. Kisozi Masibe & 7 Others, Revision Application No.
273 of 2014 HC
Security Group (T) Ltd. v. Samson Yakobo (Revision No. 171 of 2011)
Serengeti Breweries Limited v. Joseph Boniface, Civil Appeal No. 150 of 2015
Severo Mutegeki v. Rehema Mwasandube, Civil Appeal No. 343 of 2019
Simplisius Felix Kijuu Issaka v The National Bank of Commerce Limited, Civil
Application No. 24 of 2003
Sodetra (SPRL) Ltd v. Njelu Mezza & Another, Labour Revision No. 207 of 2008
Solid Doors (Pty) Ltd v. Commissioner Theron and Others, (2004) 25 ILJ 2337
(LAC)
Solidarity on behalf of Van Tonder v. Armaments Corporation of SA (SOC) Ltd
and Others, (2019) 40 ILJ 1539 (LAC)
Stella Temu v. Tanzania Revenue Authority, [2005] T.L.R 178
Stephen Wasira v. Joseph Warioba [1997] T.L.R. 205

lvi
Strabag International (GMBH) v. Adinani Sabuni, Civil Appeal No. 241 of 2018
Sudy Mashana @ Kasala v. Republic, Criminal Application No. 2/09
Sugar Board of Tanzania v. Ayubu Nyimbi & 2 Others, Civil Appeal No.
53 of 2013
Sun Life Assurance Company v. Jervis (1944) 1 All ER 469
Super Meals Limited v. Peter Magali, Revision No. 316 of 2009
Swabaha Mohamed Shosi v. Saburina Mohamed Shosi, Civil Appeal No. 98 of
2018

T
Tanga Cement Co. Ltd v. lumanne D. Masangwa & Another, Civil Application
No. 6 of 2001
Tanga Cement Company Limited v. Jumanne D. Masangwa and Amos A.
Mwalwanda - Civil Application No. 6 of 2001
Tanganyika Instant Coffee Co. Ltd. v. Jawabu W. Mutembei, Revision No. 210 of
2013
Tanganyika Land Agency Limited and 7 Others v. Manohar Lal Aggrwal, Civil
Application No. 17 of 2008
Tanzania Breweries Limited v. Anthon Nyingi, MZA Civil Application No. 12 of
2014
Tanzania Bureau of Standards v. Anitha Kaveva Maro, Civil Application No.
60/18 of 2017
Tanzania Coffee Board v. Rombo Millers Ltd, Civil Application No. 13 of 2015
Tanzania Electric Supply Company Limited v. Dowans Holdings S. A. (Costa
Rica) and Dowans Tanzania Limited (Tanzania), Civil Application No. 142 of
2012
Tanzania Heart Institute v. The Board of Trustees of the National Social Security
Fund, Civil Application No. 109 of 2008
Tanzania Ltd v. Kiwengwa Strand Hotel Ltd, Civil Application No.111 of 2009;
Tanzania Motor Services Ltd. & Another v. Mehar Singh t/a Thaker Singh, Civil
Appeal No. 115 of 2005
Tanzania Motor Seu-vices Ltd v. Mehar Singh t/a Thaker Singh, Civil Appeal 115
of 2005
Tanzania Pharmaceutical Industries Limited v. Dr. Ephraim Njau (Number 1),
[1999] T.L.R. 255
Tanzania Posts Corporation v. Jeremiah Mwandi, Criminal Appeal No. 474 of
2020
Tanzania Revenue Authority v. Tango Transport Company Ltd, Civil Appeal No.
84 of 2009

lvii
Tanzania Teachers Union v. The Chief Secretary & 3 others, Civil Appeal No.
96 of 2012.
The Attorney General v. Twiga Paper Products Limited, Civil Application
No.128 of 2008
The Board of Trustees of the National Social Security Fund (NSSF) v. Leonard
Mtepa, Civil Application No. 140 of 2005
The Commissioner General (TRA) v. Mohamed Al -Salim and Another, Civil
Appeal No. 80 of 2018
The Cooper Motors Corporation Ltd v. Moshi/Arusha Occupational Health
Services [1990] T.L.R 96
The D.P.P. v. Bernard Mpangala and Two Others, Criminal Appeal No. 28 of
2001
The Director of Public Prosecutions v. Jackson Sifael Mtares and 3 Others,
Criminal Appeal No. 2 of 2018
The Director of Public Prosecutions v. Jackson Sifael Mtares, Criminal Appeal
No. 2 of 2018
The Director of Public Prosecutions v. Li Ling Ling, Criminal Appeal No. 508 of
2015
The Judges v. Attorney General for Saskatchewan (1937) T.L.R. 464.
Therod Fredrick v. Abdusamadu Salim, Civil Application No. 7 of 2012
Transport Equipment Ltd v. D.P. Valambhia [1995] T.L.R. 161
Truck Freight (T) Ltd v. CRDB Ltd; Civil Application no. 157 of 2007
TTCL v. lames Mgaya & Three Others, Revision No. 30 of 2011
Tubone Mwambeta v. Mbeya City Council, Civil Appeal No. 287 of 2017
Tusekile Dancan v. Republic, Criminal Appeal No. 202 of 2009
Twikasyege Mwaigombe v. Mbeya Regional Trading Co. Limited [1988] T.L.R
239
U
Unilever Tea Tanzania Ltd v. Davis Paul Chacha, Civil Appeal No. 290
of 2019
Union Of India v. Tulsam Patel, (1985) 3 scc 398, AIR 1985 SC 1416

V
Victoria Mbowe v. Christopher Shafurael Mbowe and Another, Civil Appeal
No. 115 of 2012
Viljoen v. Nketoana Local Municipality [2003] 24 ILJ 437

lviii
VIP Engineering & Marketing Ltd & 2 Others v. Citibank Tanzania Ltd, Civil
Reference Nos. 6, 7 and 8 of 2006
Vodacom Foundation v. Commissioner General (TRA), Civil Application No.
107/20 of 2017
Vodacom Tanzania Public Limited Company v. Planetel Communications
Limited, Civil Appeal No. 43 of 2018

W
Westminster Bank Ltd v. Zang [1966] A.C. 181
Wilfred Lwakatare v. Hamis Kagasheki and Another, Civil Appeal No. 118 of
2011
William Ndingu @ Ngoso v. Republic, Criminal Appeal No. 3 of 2014)
Y
Yara Tanzania Limited v. DB Shapriya and Co. Limited, Civil Application No.
498/16 of 2016
Yazidi Kassim Mbakileki v. CRDB (1996) Ltd and Another, Civil Reference No.
14/04 of 2018
Yazidi Kassim t/a Yazidi Auto Electric Repairs v. The Hon. Attorney General,
Civil Appeal No. 215 of 2017
Yew Bon Tew v. Kendaraan Bas Mara [1983] 1 AC 553
Yonah Ngassa v. Makoye Ngasa [2006] T.L.R. 123
Yusuf Vuai Zyuma v. Mkuu was Jeshi la Ulinzi TPDF and 2 Others Civil Appeal
No. 15 of 2009
Z
Zahara Kitindi & Another v. Juma Swalehe & 9 others, Civil Application No.
4/05 of 2017

lix
 ADELA DAMIAN MSANYA v. TANZANIA ELECTRICITY
SUPPLY CO.LTD

IN THE COURT OF APPEAL OF TANZANIA

AT ARUSHA

(MUGASHA, SEHEL, and KAIRO, JJ.A.)

CIVIL APPEAL NO. 305 OF 2019

(Appeal from the Ruling and decree of the High Court of Tanzania, Labour
Division, at Moshi, Dr. Fauz, J., dated 12th August, 2019 in Labour Revision
No. 28 of 2017)

Termination of Employment – Right to be heard - Whether the termination of the

appellant from the employment was for valid reasons and if the procedure was
complied with - Rule 13 of the Employment and Labour Relations (Code of Good
Practice) Rules, Government Notice No, 42 of 2007
Between 1/4/2005 and 6/10/2014, the appellant was employed as an accounts
clerk by the respondent. The employment was brought to a halt following
termination from the employment on allegations that, she had forged a form four
secondary school academic certificate. The termination was preceded by a
formal charge on the forgery which was denied by the appellant in her answer to
the charge. Subsequently, a disciplinary inquiry committee was convened, a
hearing conducted and upon being found guilty, she was terminated from the
employment. Aggrieved, the appellant referred the matter to the Commission for
Mediation and Arbitration (CMA) challenging her termination on the ground
that it was procedurally unfair. The arbitrator concluded that there was no fair
reason for terminating the appellant's employment and thus proceeded to give
her the award of being reinstated without loss of remuneration or else the
respondent pays to her a total of TZS 24,000,000/= for unfair termination.
The respondent lodged an application seeking to revise the decision of the CMA.
The High Court (Twaibu, J as he then was) after hearing the parties' submissions
and re-evaluating the evidence on the record reversed the CMA's award having
1
decided that, the termination was procedurally fair, Consequently, the
application for revision was granted and the CMA award was set aside, hence
this appeal.
Held: (i) Sub rules (1), (2) and (3) of Rule 13 of the Code of Good Practice was
complied with to the letter by the respondent. The termination of the appellant
was for valid reasons as it was established that the appellant had breached the
disciplinary code of TANESCO having used a forged certificate to secure
employment.
Application dismissed

Statotory provisions referred to

(1) Rule 13 of the Employment and Labour Relations (Code of Good
Practice) Rules, Government Notice No, 42 of 2007;
(2) Section 62(4)(a) of the Employment and Labour Relations Act, 2004;
(3) Section 57(1) of the Labour Institutions Act, 2004.
Cases referred to
(1) Patrobert Ishengoma v. Kahama Mining Corporation Ltd Barrick
Tanzania Bulyanhulu), Minister for Labour Employment and Youth
Development and The Attorney General, Civil Application No.172 of
2016.

Mr. Akyoo, for Appellent

Mr. Kibamba, Principal State Attorney, Mr Musseti, Senior State Attorney and
Mr. Mahushi, State Attorney, for Respondent

JUDGMENT OF THE COURT

22nd February, 2022

2
MUGASHA, J.A.: In this appeal, the appellant is faulting the decision of the
High Court which was made in favour of the respondent on the fair termination
of the appellant from the employment. A brief background of the appeal goes
thus, between 1/4/2005 and 6/10/2014, the appellant was employed as an
accounts clerk by the respondent. The employment was brought to a halt
following termination from the employment on allegations that, she had forged
a form four secondary school academic certificate. The termination was
preceded by a formal charge on the forgery which was denied by the appellant
in her answer to the charge. Subsequently, a disciplinary inquiry committee was
convened, a hearing conducted and upon being found guilty, she was terminated
from the employment.
Aggrieved, the appellant referred the matter to the Commission for
Mediation and Arbitration (CMA) challenging her termination on the ground
that it was procedurally unfair. Before the CMA, the respondent paraded two
witnesses namely: Nelson Mefaly Mhanze (DW1), the Examination officer at
the National Examination Council of Tanzania (NECTA). He recounted that the
certificate bearing index No. 133/21 of 1988 was forged on account of the
following: one, the examination centre coded S133 is of Minaki Secondary
School and not Kirua Secondary School; two, index number 133/21 in CSEE
1988 belongs to Daudi Bura and not Adella Msanya; three, the printing paper
used to make the certificate differs from the certificates that were issued to
candidates who sat for CSEE 1988; four, there is no school called Kirua Vunjo
rather Kirua Secondary school. This was opposed by the appellant who in her
evidence, claimed to have graduated at Kirua Vunjo Secondary School as per
statement of results from the NECTA which showed that her index number was
S. 372/01 and as such, she maintained that the NECTA official made errors by
issuing her a certificate with index number S.133/21.
In resolving the issue as to whether the termination was procedurally fair
or not, the arbitrator held in favour of the appellant having reasoned that, the
appellant was denied time to organise her evidence which entailed a follow up
at the NECTA and as such, she was denied her fundamental right to be heard.
As to the issue surrounding the validity or otherwise of the certificate at the time
of being employed, the arbitrator right away ruled that she had none because the
certificate presented to the respondent was not valid. That notwithstanding, the
arbitrator concluded that there was no fair reason for terminating the appellant's
employment and thus proceeded to give her the award of being reinstated

3
without loss of remuneration or else the respondent pays to her a total of TZS
24,000,000/= for unfair termination.
Undaunted, the respondent lodged an application seeking the indulgence
of the High Court to revise the decision of the CMA. The High Court (Twaibu,
J as he then was) after hearing the parties' submissions and re-evaluating the
evidence on the record reversed the CMA's award having decided that, the
termination was procedurally fair considering that the appellant was given about
four months to prepare herself before the hearing at the disciplinary committee
and as such, she had opportunity to liaise with the NECTA regarding the
questionable certificate. The learned High Court Judge further reasoned that, in
the event the CMA held that the appellant did not possess a valid certificate at
the time of securing employment, her termination on the ground of forgery was
justified and as such, the termination was fair both substantively and
procedurally. Consequently, the application for revision was granted and the
CMA award was set aside, hence this appeal. The appellant has presented a
memorandum of appeal fronting nine (9) grounds as follows:
1. That, the learned Honourable Judge of the High
Court sitting on revision erred in law and in fact by failure
to hold that the appellant was denied her fundamental right
of fair hearing at the disciplinary Committee held on
19/9/2014 despite her explicit request that the employer
should adjourn hearing to wait statements of Result from
National Examination (NECTA); which conduct
ultimately led to denial of right to be heard which is
contrary to rules of natural justice.
2. That, the learned trial Judge of the High Court erred in
law and in fact by failure to find that the appellant was
denied her statutory right to be represented under section
62(4)(a) of the ELRA, 2004, whereas she was entitled to
have a representative from her trade union (TUICO) or her
fellow employee of choice and that one Daniel Gwatu was
not her representative of her choice rather a person brought
at the disciplinary committee to serve interest of the
respondent.
3.That the learned Judge erred in law and in fact by
holding that the appellant was given four months and a
half to prepare for disciplinary hearing while there is no
4