access microfinance bank tanzania limited vs patrick ngwale another 2023 tzhc 23684 5 december 2023

access microfinance bank tanzania limited vs patrick ngwale another 2023 tzhc 23684 5 december 2023

The proceedings before the CMA were vitiated because evidence from several witnesses was received without oath or affirmation, contrary to mandatory legal requirements. This omission rendered the proceedings and resultant award a nullity, necessitating their quashing and remittal for a fresh hearing.

Citation
access microfinance bank tanzania limited vs patrick ngwale another 2023 tzhc 23684 5 december 2023
Parties
Applicant: Access Microfinance Bank Tanzania Limited; 1st Respondent/applicant (in Cross Application): Patrick Ngwale; 2nd Respondent: Baraka Mwasomola
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 December 2023
Procedural Posture
Labour Revision (consolidated) / Judgment on Consolidated Revision Applications
Outcome
Proceedings and award of the CMA nullified; matter remitted for rehearing before another arbitrator; no order as to costs.
Legal Topics
Unfair Termination, Procedural Irregularity, Oath and Affirmation of Witnesses, Remittal for Rehearing
Source Language
English
Labour Law Unfair Termination Procedural Irregularity Oath and Affirmation of Witnesses Remittal for Rehearing

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Parties

Access Microfinance Bank Tanzania Limited

Applicant

Patrick Ngwale

1st Respondent/applicant (in Cross Application)

Baraka Mwasomola

2nd Respondent

Procedural Posture

Labour Revision (consolidated) / Judgment on Consolidated Revision Applications

Legal Issues

  1. 1 Whether the proceedings before the CMA were valid given that some witnesses testified without oath or affirmation
  2. 2 Whether the omission to swear or affirm witnesses vitiates the proceedings and award

Ratio Decidendi

The proceedings before the CMA were vitiated because evidence from several witnesses was received without oath or affirmation, contrary to mandatory legal requirements. This omission rendered the proceedings and resultant award a nullity, necessitating their quashing and remittal for a fresh hearing.

Court Disposition

Proceedings and award of the CMA nullified; matter remitted for rehearing before another arbitrator; no order as to costs.

Orders

  • Entire proceedings of the CMA nullified and resultant award quashed.
  • Subsequent orders set aside as emanating from nullity proceedings.