The third Respondent was a supervisor in the customer care
section in the commercial banking business of the Applicant’s company. The
third Respondent was alleged to have authorized withdrawals of sums of Tshs.
40,000,000/= and Tshs. 4,000,000/= by way of current account vouchers in favour
of a firm known as M/S Furaha Cooking Oil on 14th April 2001 and on
17th April, 2001, respectively. The two sums of money are alleged to
have been withdrawn from current account No. 01503001816 which was opened by
M/S Furaha Cooking Oil on 4th April, 2001. This saga culminated in
the third Respondent’s employment being determined. Being dissatisfied by the
termination of his employment the third Respondent referred his complaint to a
labour conciliation board which ordered his re-instatement with full benefits.
The Applicant’s reference to the Minister then responsible for labour was
dismissed ostensibly because ‘Form 7’’ was missing from the documents forming
the reference to the Minister. The Applicant believing that the Minister’s
decision was not fair filed an application for leave for the prerogative orders
of certiorari to move the High Court to quash the decision of the
Minister for Labour and mandamus to command the second Respondent to
hear the Applicant’s reference on merit without attaching any technicalities
and to act thereon in accordance with the law.