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Court of Appeal sets former Twiga cement clerk free
2008-02-26 09:39:24
By Correspondent Timothy Kahoho
A former sales clerk with Tanzania Portland Cement Company Limited (TPCC), Hilda Msumari, last week emerged out of the Court of Appeal of Tanzania in a jovial mood, following withdrawal of an appeal against her.
A prayer by a counsel for TPCC, Cuthbert Tenga, to withdraw an appeal was affirmatively consented to by the highest court of the land on Friday.
The decision allowing withdrawal of the appeal was made by a panel comprising Justices Damian Lubuva, John Mroso and Mbarouk Salim.
Withdrawal of the appeal now assures Msumari, whose services with TPCC were terminated in 1998, that the decision of the then Minister for Labour, Employment and Youth Development, Prof. Juma Kapuya, would favourably stand.
``My Lords, I pray that this appeal be marked as withdrawn given the circumstances,`` pleaded the counsel for TPCC.
TPCC had lodged Civil Appeal No.111 of 2006 against Minister Kapuya, Attorney General (AG) and Msumari, as first, second and third respondents.
Advocate Tenga was set to address the court on two main grounds of appeal - that the trial judge erred in law and that the decision by Minister Kapuya to reinstate her when she had been out of work for so many years, following her alleged breach of code of conduct was improper.
Contrary to the foregoing,Tenga submitted before the justices that the appellant was no longer interested in the appeal.
His humble submission made Justice Lubuva invite comments from Senior State Attorney (SSA), Paul Ngwembe.
``My Lords, I have no objection to the prayer made by my learned brother,`` said SSA Ngwembe.
In the circumstances, the court proceeded to declare the appeal as marked withdrawn and each party to bear its own costs.
Hilda was employed in 1981 by TPCC on permanent terms until January 2, 1998 when she was terminated apparently for a breach of code of conduct she committed on March 10, 1995. In so doing, she is alleged to have occasioned a loss of 35 metric tonnes of cement valued at 2,215,000/-.
She appealed to Kinondoni Reconciliation Board, which reached a decision on November 29, 2002 that she be reinstated because the employer had failed to prove its case on the alleged breach of code of conduct that led to loss of 35 tonnes of cement.
TPCC was aggrieved by the decision of the board and appealed to the minister, who also upheld the board`s decision.
The company went further to challenge the minister`s decision by instituting Misc.Civil Cause No.38 of 2004 in the High Court of Tanzania in Dar es Salaam.
The suit was heard and determined by Judge Steven Ihema on February 8, 2005 in favour of Hilda Msumari.
In his ruling, Judge Ihema said the appellant had given three grounds of appeal, one being the unreasonableness of the minister`s decision, his failure to act judiciously and his failure to observe principles of natural justice.
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