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Case Law[2000] TZHC 6Tanzania

Mselle vs Attorney General & Others (Misc. Civil Cause 221 of 1999) [2000] TZHC 6 (11 July 2000)

High Court of Tanzania

Judgment

Mselle vs Attorney General & Others (Misc. Civil Cause 221 of 1999) [2000] TZHC 6 (11 July 2000)

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Mselle vs Attorney General & Others (Misc. Civil Cause 221 of 1999) [2000] TZHC 6 (11 July 2000)

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Citation Mselle vs Attorney General & Others (Misc. Civil Cause 221 of 1999) [2000] TZHC 6 (11 July 2000) Copy Media Neutral Citation [2000] TZHC 6 Copy Court High Court of Tanzania Court registry High Court Dar es Salaam Main Registry Case number Misc. Civil Cause 221 of 1999 Judges Msumi J Judgment date 11 July 2000 Language English

Summary

Leave for judicial review granted where Minister failed to consider applicant's right to be heard in employment termination.

Flynote
  • Administrative law — Judicial review — breach of natural justice (failure to hear)
  • Employment law — unfair termination — Procedural and substantive fairness in termination

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IN THE HIGH COURT OF TANZANIA

AT PAR ES SALAAM

MISC. CIVIL CAUSE N0.221 OF 1999

FELIX MSELLE APPLICANT

VERSUS

THE ATTORNEY GENERAL).................................RESPONDENTS

MINISTER FOR LABOUR MATTERS ) RESPONDENTS

TRUST BANK (T) LIMITED RESPONDENTS

ORDER

MSUML JK:

The applicant is contending that the termination of his employment was unlawful because he was not given the right of 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 of the Board on appeal. For this reason the decision of the Minister 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.

H.A. Msumi****

JAJ1 KIONGOZI

11/7/2000

For the Applicant: Absent.

For the Respondent: (1 st & 2nd) - Mwidunda

For the rd Respondent - absent.

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