The Appellant had filed a suit based on employment in which he claimed terminal benefits against the Respondent in Musoma District Court. The Respondent raised a two-pronged preliminary objection to the suit. Firstly, it was submitted that the suit was premature as no statutory notice was given to the Respondent, and secondly, the court had no jurisdiction to deal with a summary dismissal case. The Court ruled that it had no jurisdiction because the Appellant had been summarily dismissed in view of the provisions of section 28 of the Security of Employment Act, 1964, now repealed. It consequently dismissed the suit but it did not bother to deal with the point of objection regarding statutory notice. The Appellant appealed to the High Court arguing that the trial court erred in dismissing the suit. The Court considered the question whether the suit was founded on summary dismissal for which the law ousted the jurisdiction of ordinary courts.

