14 February 2023
Dodoma, Tanzania
Makamu wa Rais Chama cha Walimu Tanzania CWT aondoa kesi yake ya Kupinga kungolewa
Mbele ya jaji wa Mahakama Kuu mheshimiwa jaji Mdemu, pingamiza aliloweka makamu wa rais CWT bi . Dinah Mathamani kupinga kuvuliwa cheo na mkutano mkuu wa CWT kesi imeondolewa baada ya mlalamikaji kuteuliwa kuwa mkuu wa wilaya.
Hivyo mlalamikaji kuondoa kesi baada ya kuona imepitwa na wakati baada ya kuteuliwa na Mh. Rais wa Jamhuri ya Muungano wa Tanzania Mh . Samia Hassan kuwa mkuu wa wilaya.
Awali mwezi December 2022 Dinah Mathamani kupitia wakili msomi Malimi Juma alifungua kesi ya dharura isikilizwe ktk mahakama kuu division ya Labour ili kuzuia kutimuliwa kwake toka uongozi wa Chama cha walimu CWT.
IN THE HIGH COURT OF TANZANIA(LABOUR COURT DIVISION) IN THE DISTRICT REGISTRY OF DODOMA AT DODOMA LABOUR APPLICATION NO.2 OF 2023
DINAH MATHAMANI ........................... APPLICANT
VERSUS
TANZANIA TEACHERS UNION..... .............................. RESPONDENT
RULING February, 2023 MDEMU fJ:.
This labour application preferred under certificate of urgency,is by way of notice of application and chamber summons in terms of the provisions of sections 53 and 94 of the Employment and Labour Relations Act, Cap. 366 and Rules 24, 25 and 28 of the Labour Court Rules, GN. No. 106 of 2007. The said application which is supported by the affidavit of the Applicant is on the following prayers: That, this honorable court be pleased to grant an injunction restraining any person from conducting election of the Respondent's vice president pending the determination of an application to set aside the
decision made by the general meeting of the Tanzania Teachers Union issued on l&h December, 2022 lodged in this court on the 4th of January, 2023. Briefly, according to the affidavit, the Respondent organized a General Meeting of the union on 16th of December, 2022. In that meeting, a misunderstanding occurred following re-arrangement of the agenda by commencing with agenda No. 3 regarding leadership of the Tanzania Teachers Union (TTU). The Applicant wasn't happy with the arrangement which do not accord to the business of the meeting. In the course , the General Meeting of TTU removed the Applicant from the post of Vice President of the Union, hence this application as alluded before. The Applicant, in addition to the main application, sought injunctive orders from there run of election of another Vice President of the Union pending determination of the application to set aside the decision of the Union removing her from the vice presidency post. On 13th of February, 2023the Applicant's counsel one Malimi Juma, in terms of Rule 34(1) of the Labour Court Rules, 2007, GN. No.106 / 2007, filed a notice of withdrawal of the said application. In addressing the Court pursuant to the notices filed, Mr. Malimi informed the Court that, his client, 2
the Applicant has been appointed by Her Excellency the President of United Republic of Tanzania to the office of District Commissioner. In his view therefore, the application has been overtaken by events. Under the circumstances, and following also withdrawal of the main application intending to set aside decisions of the General Meeting removing the Applicant from the post of Vice President of Tanzania Teachers Union, I am inclined to the views of the learned counsel that this application has been overtaken by event and consequently is hereby marked withdrawn as prayed for.
I do not make an order as to costs. It is so ordered by JUDGE
14/02/2023 DATED at the 14th day of February, 2023
Mdemu. J
JUDGE
14/02/2023
Source :
Dodoma, Tanzania
Makamu wa Rais Chama cha Walimu Tanzania CWT aondoa kesi yake ya Kupinga kungolewa
Mbele ya jaji wa Mahakama Kuu mheshimiwa jaji Mdemu, pingamiza aliloweka makamu wa rais CWT bi . Dinah Mathamani kupinga kuvuliwa cheo na mkutano mkuu wa CWT kesi imeondolewa baada ya mlalamikaji kuteuliwa kuwa mkuu wa wilaya.
Hivyo mlalamikaji kuondoa kesi baada ya kuona imepitwa na wakati baada ya kuteuliwa na Mh. Rais wa Jamhuri ya Muungano wa Tanzania Mh . Samia Hassan kuwa mkuu wa wilaya.
Awali mwezi December 2022 Dinah Mathamani kupitia wakili msomi Malimi Juma alifungua kesi ya dharura isikilizwe ktk mahakama kuu division ya Labour ili kuzuia kutimuliwa kwake toka uongozi wa Chama cha walimu CWT.
IN THE HIGH COURT OF TANZANIA(LABOUR COURT DIVISION) IN THE DISTRICT REGISTRY OF DODOMA AT DODOMA LABOUR APPLICATION NO.2 OF 2023
DINAH MATHAMANI ........................... APPLICANT
VERSUS
TANZANIA TEACHERS UNION..... .............................. RESPONDENT
RULING February, 2023 MDEMU fJ:.
This labour application preferred under certificate of urgency,is by way of notice of application and chamber summons in terms of the provisions of sections 53 and 94 of the Employment and Labour Relations Act, Cap. 366 and Rules 24, 25 and 28 of the Labour Court Rules, GN. No. 106 of 2007. The said application which is supported by the affidavit of the Applicant is on the following prayers: That, this honorable court be pleased to grant an injunction restraining any person from conducting election of the Respondent's vice president pending the determination of an application to set aside the
decision made by the general meeting of the Tanzania Teachers Union issued on l&h December, 2022 lodged in this court on the 4th of January, 2023. Briefly, according to the affidavit, the Respondent organized a General Meeting of the union on 16th of December, 2022. In that meeting, a misunderstanding occurred following re-arrangement of the agenda by commencing with agenda No. 3 regarding leadership of the Tanzania Teachers Union (TTU). The Applicant wasn't happy with the arrangement which do not accord to the business of the meeting. In the course , the General Meeting of TTU removed the Applicant from the post of Vice President of the Union, hence this application as alluded before. The Applicant, in addition to the main application, sought injunctive orders from there run of election of another Vice President of the Union pending determination of the application to set aside the decision of the Union removing her from the vice presidency post. On 13th of February, 2023the Applicant's counsel one Malimi Juma, in terms of Rule 34(1) of the Labour Court Rules, 2007, GN. No.106 / 2007, filed a notice of withdrawal of the said application. In addressing the Court pursuant to the notices filed, Mr. Malimi informed the Court that, his client, 2
the Applicant has been appointed by Her Excellency the President of United Republic of Tanzania to the office of District Commissioner. In his view therefore, the application has been overtaken by events. Under the circumstances, and following also withdrawal of the main application intending to set aside decisions of the General Meeting removing the Applicant from the post of Vice President of Tanzania Teachers Union, I am inclined to the views of the learned counsel that this application has been overtaken by event and consequently is hereby marked withdrawn as prayed for.
I do not make an order as to costs. It is so ordered by JUDGE
14/02/2023 DATED at the 14th day of February, 2023
Mdemu. J
JUDGE
14/02/2023
Source :