Felix Mselle vs Attorney General & Others (Misc. Civil Cause 221 of 1999) [2000] TZHC 37 (11 July 2000)

IN T H E H IG H C O U R T O F T A N Z A N IA AT P A R ES SA LA AM M ISC . C IV IL CAUSE N0.221 O F 1999 F E L IX M S E L L E .......... A P P L IC A N T VERSUS T H E A T T O R N E Y G E N E R A L ) ..... R E S P O N D E N T S M I N IS T E R F O R L A B O U R M A T T E R S ) ...... R E S P O N D E N T S T R U S T B A N K (T) L IM I T E D ...............................R E S P O N D E N T S O R D E R M S U M L J K : The applicant is contending that the termination o f his employment was unlawful because he was not given the right o f hearing and further more it was done without complying with the required procedure. This contention was upheld by the Conciliation Board of Dar es Salaam which accordingly ordered for the applicant’s reinstatement. Unfortunately this contention that applicant was condemned unheard was not apparently considered by the Minister when he set aside the decision o f the Board on appeal. For this reason the decision o f the M inister is challengeable by way of judicial review. Hence it is not true, as

alleged by the Counsel for the respondents, that the application is trivial and frivolous. Accordingly leave is granted with no order as to cost. -U A a ' JAJ1 K t O N G Q Z i . 11 / 7/2000 For the Applicant: Absent. For the Respondent: (1 st & 2nd) - Mwidunda For the rd Respondent - absent. 2