The Appellant sued the two respondents in the High Court at
Mwanza claiming monetary reliefs as a result of an alleged unlawful dismissal
from employment. The Court found that the suit was misconceived and proceeded
to dismiss it for lack of merit because the Appellant had not exhausted all the
remedies available to him. The issue before the Court was whether it was proper
for the trial judge to dismiss the suit without determining its merit.

