Jerome Kessy vs Ardhi University,Civil Appeal No 352 of 2021

This case is about exhaustion of local remedies to the employer before refering matter to CMA should refer it to the institution which has dispute with, a kessy was employer of Respondent and after dispite referred matter to CMA without refereing it to Dispslinary machinery in Arshi university so the court had this to say:

Considering the appeal as a whole, we agree with Mr. Kalokola and to that end, our short conclusion is that, indeed the decision by the 

appellant to refer his complaints right away to the CMA without exhausting the remedies available under the respondent’s disputes resolution machinery was, for all purposes and intents, procedurally improper.

For it is now the stance of this Court and therefore the law that, where as in the case now under review, a given law provides for a specific forum to first deal with a given dispute, resort to such a forum is quite indispensable before one can have recourse to the judicial remedy. (See Salim 0.Kabora v. Tanesco Ltd and Two Others, Civil Appeal No, 55 of 2014 and Tanzania Revenue Authority v. Tango Transport CompanyLimited, Civil Appeal No. 84 of 2009). 

As might be expected, the decisions in the abovementioned two cases have complementary goals with the decisions in the two Tanzania Post Corporation cases to which we were ably referred by Mr. Kalokola and, into whose strand, the facts of the case at hand, fit squarely.

In the ultimate event, we are satisfied that the learned judge of the High Court had adequately and correctly addressed himself to the facts of this case and the applicable law. We therefore, find no merit in the appeal which we accordingly dismiss in its entirety. We make no order as to costs, this being a labour dispute.