TALGWU and Two Others versus The Chief Secretary and A.G

Tanzania Local Government Workers Union (TALGWU) and Two Others vs. The Chief Secretary and A.G, MISC Application No. 326 of 2013: High Court of Tanzania (Labour Division) at Dar es Salaam (Unreported).

• Labour Law

• Preliminary objection – what is a P.O?

• Constitutional Law

• Constitutional petition – What are the pre-requisites?

Held:-

(i) It is a settled principle of law that a PO, properly so called, must raise pure points of law which can be disposed of “without need of any further evidence” and which, if sustained, should be capable of disposing of the case.

(ii) In constitutional petitions, if the court is satisfied that other avenues for redress are or have been available, those avenues had better be exhausted first before one goes to court.