peter jacob weroma others vs ako group limited 2023 tzca 17295 1 june 2023

peter jacob weroma others vs ako group limited 2023 tzca 17295 1 june 2023

The proceedings before the CMA and the High Court were vitiated by procedural irregularities, including failure to hear all complainants and failure to administer evidence under oath, rendering the proceedings and resultant award a nullity.

Citation
peter jacob weroma others vs ako group limited 2023 tzca 17295 1 june 2023
Parties
Appellants: Peter Jacob Weroma & 11 Others; Respondent: Ako Group Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 June 2023
Procedural Posture
Civil Appeal / Judgment
Outcome
proceedings and awards quashed; matter remitted for fresh hearing
Legal Topics
Retrenchment, Fair Hearing, Procedural Irregularity, Representation Before CMA
Source Language
English
Labour Law Civil Procedure Retrenchment Fair Hearing Procedural Irregularity Representation Before CMA

Case Brief

Summary, issues, holding and outcome

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Parties

Peter Jacob Weroma & 11 Others

Appellants

Ako Group Limited

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the proceedings before the CMA and resultant award were valid given procedural irregularities
  2. 2 Whether all complainants were properly heard
  3. 3 Whether evidence was properly administered under oath

Ratio Decidendi

The proceedings before the CMA and the High Court were vitiated by procedural irregularities, including failure to hear all complainants and failure to administer evidence under oath, rendering the proceedings and resultant award a nullity.

Court Disposition

proceedings and awards quashed; matter remitted for fresh hearing

Orders

  • Proceedings before CMA quashed from PW1's testimony onwards
  • Resultant award quashed