Venance Egina vs Tanzania Cigarette Co. Ltd. (Misc. Civil Application in (DC) Civil Appeal No. 6 of 1997) [1999] TZHC 476 (8 July 1999)

th °" 1 \ Co u..rit l lr-0ITT2.Fr , 10 IN THE HIGH COURT OF Tl,NZ.ANI.A IvIISC. CIVIL .i:1PPLIC1\TION IN (DC) CIVIL lP?EAL N0.6 OF 1997 VEN.i~NCE EGIN-'; •••••• • •••••••••• APPLICANT VERSUS ··--- T1\NZ1\Nil CIGliRETTE····ar,:--~1Ts ...... ~spoNDENT · RULING

JYIWIP ___ OPO I J. Tho applicant Venance Egina wants to go to the Court of .Appea1 10 of Tanzania with a certificate of this Court that there are points of law worth consideration by the Court of Appeal. The learned Tuir; Naali (.,'idv.) for the applicant has raised the points that this court should not h8Ve determined that the contract of service between the applicant as employee and the respondent his employer had been terminated. The second point raised is whether an employee who is on siok leave can have his services terminated in the absence of an npproval or recommendations of a Medical Board. The last point of Law raised ·was whether a transfer can be effected without a letter from the Director of Management Development and .Administration or an ap1)ointment letter thereof from the employer. The Respondent is the Tanzania Cigarette Co. Ltd. represented by the learned l'Ir. !11fbise (1.dv.) who prayed that this application be disntlssed because all the points of law being raisedwcre being raised for the first time in this a1\Pli,cation. The employment services of the applicant the learned Mr. Mbise (Adv.) ar&,ued had been terminated sometime back before the applicant filed th.0 suit in court. All the points raised wore based in facts already 30

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ll deliberated upon by the lower court .and this court, the lear-.aed· mr~ I!Ibise (i1dv.) contended. The issue of the i_nvolvement of the Medical Boa'.tli .. tq,_p;ji,(U'l1ine his termination from ertipl'eyrnent on

• . ·.!-•• t; .··· . • illness groU.nds~.,t1!(3;r~~-arnf3d r. Mbise (lidv.) cori;tended, w:::s never an issue ·in the lo.wor court and this_ court whi:ch,.,was being raised for the first time in this application. Th ,,issue of wb1ther there was a transfer to Mwanza the learned Mr. Tu'.Ibise (.i:1dv~) arguq. k =}J":: was proved to .. have been effected for "the applicant went and reported · \f ..... , ~ / , • , : : at Mwnnza and was paiq,.)ri, transfer 2.llowances amounting to _ _. __ ~ ~ . . . shs· 500,000/= ,,.eash whicll was paid in Mwanza. The cor:ir.e·spondence s 10 exhibi'tod in court sufficed to transfer the applicant.· The troti'bll-•W.i'}fih the applican.t.. seems to he that he did not J.' .•:; i . ~ . :· want to be transferred to Mwanza but was shy to -hallenge . ! -cr~~ administratively hi~ employer so thn·G he remained in Mbeya. The -,·c-.- essence of his pJeaqi.ng~ in the lower court was that he could not . • '-' . . } .: .; ·. ·:· · ·.---- ; ._,, go to rdwanza illltil he was dismissed from employment becmu;se h was sick illlder the treatment of his" specialized Doctor of Mbey.a . Rofe.rrli·-Hospi tal an,d not that he WC\S in :Mbeya as his own duty station;•.·,Even af.,te;r the speeified period of 4 months medical tre,ntt;1erit h:a,d $:¢.red the applicant 6:oi1tinued remaining at Mbeya .-,.O :'-.... .: ' nei t9 · l,Y,S·?r?¾fl:~~..::1-_. VtP-J.".:"-i'1'-].1• 1 .hi $ 1 )JrG;~~i ous l\ilbe ya o·ffi.o(a, :-J'.l'.ff>T Bi ving ·,· reas'ofls' why he. -wa,s -no.t.-.,rE;.-Jiurning to his Mwanza officeV.where he had already reported on trnnsfer.- _ Their contractual :rela_tions~p as per facts have been : ·: · inte·rpreted by this court as havin 0 m10unted to a terr.ainntion of their eml)loyment contract from specific factual happenings ·which occurcd between them. I see no important point of lcw worth getting the cortifiqate of this court for tho applic1;1nt to [l)peal to the Court of lippeal .. With this decision the applicant is now free to appeal directly 30 1 ,.

12 to the Court of .ilppeal against this ruling. This applir.t.Lc·1. is dismissed with costs. §/7/99, ' ' ,.,..- _ ......... E.L.K. mWIP0P0 JUDGE 306.99 Coram; Hon. E.L.,K. Mwipopo, J. For .tlpplicant: Mr; Nardi :1dvocate present Venance Egina - present in person For Respondent: Mr~ Mbise, ldvocate B/C: Kosam present Co½!'_!: Ruling delivered in the pr0sence of both parties., <f"LJDGE 87~99 :.o