The Applicant was dismissed from work by his employer, the
second Respondent, but he was subsequently reinstated by an order of a
Conciliation Board acting under the Security of Employment Act,1964. After he
was reinstated in his employment the Applicant felt that his reputation had
been damaged by the dismissal and sued for defamation in a resident
magistrate’s court seeking Tshs. 5,200,000/= as damages. The trial court
awarded him Tshs. 2,500,000/=. The Respondents successfully appealed to the
High court. The Applicant appealed to the Court of Appeal. The Court of Appeal
heard the appeal and reserved judgment. When composing its judgment, it
realized that the Applicant’s suit in court was a violation of section 28 of
the Security of Employment Act, 1964. The section prohibited the filing of any
suit or civil proceeding in court in relation to summary dismissal unless the suit
was for the purpose of enforcing a decision of the Minister or of a
Conciliation Board. The courts, therefore, had no jurisdiction in the matter
which resulted from the summary dismissal. The Court of Appeal nullified the
proceedings from the Court of Resident magistrate to the High Court for want of
jurisdiction. The Applicant lodged an application for review based on the
complaint that the decision of this Court has errors which are manifest on the
face of the record resulting in a miscarriage of justice.