JUMUIYA YA WAFANYAKAZI TANZANIA(JUWATA) v KIWANDA CHA UCHAPISHAJI CHA TAIFA(KIUTA) 1988 TLR 146

Facts

This matter arose out of trade dispute. It concerned the redundancy of 94 KIUTA employees who were JUWATA members. When the matter was referred to the Parmanent Labour Tribunal, the Tribunal relying on the Court of Appeal decision in the case of Zambia 

Tanzania Road Service Ltd. v J.K. Pallangyo Civil Appeal No. 9 of 1982, held that it had no 

jurisdiction to entertain the dispute. Being aggrieved JUWATA, unsuccessfully, appealed to the High Court applying for orders of certiorari and mandamus. Aggrieved again, JUWATA appealed to the Court of Appeal. 

Held: (i) The decision in Pallangyo's case, in so far as it requires a trade dispute to be reported to a Concilliation Board before it is entertained by the Permanent Labour Tribunal, and to the extent that it applies the provisions of section 40A of the Security of Employment Act to the members of Management, was decided per incuriam.

(ii) all courts and tribunals below the Court of Appeal are bound by decisions of the Court regardless of their correctness.

(iii) the Court of Appeal should be free in both civil and criminal cases to depart from such previous decisions when it appears right to it do so.

(iv) circumstances of this case require us to exercise our unique jurisdiction in favour of the appellants so that justice may be done. The rights of the parties in Pallangyo's case are not 

altered by this decision.

Case Information 

Appeal allowed