benedicto nyagarya vs faris express services co ltd 2020 tzhcld 3812 14 december 2020
The preliminary objection raised at the CMA was not a pure point of law as it required evidence to determine the employment period. The mediator erred by relying on evidence (employment contract) to decide the objection, which is contrary to the law on preliminary objections.
- Citation
- benedicto nyagarya vs faris express services co ltd 2020 tzhcld 3812 14 december 2020
- Parties
- Applicant: Benedicto Nyagarya; Respondent: Faris Express Services Co. Ltd
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 14 December 2020
- Procedural Posture
- Labour Revision / Judgment on Revision Application
- Outcome
- application granted
- Legal Topics
- Preliminary Objection, Unfair Termination, Employment Contract, Procedure Before CMA
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Benedicto Nyagarya
Applicant
Faris Express Services Co. Ltd
Respondent
Procedural Posture
Labour Revision / Judgment on Revision Application
Legal Issues
- 1 Whether the mediator erred in law by allowing the preliminary objection to be proved by evidence contrary to law and practice
- 2 Whether the preliminary objection raised at CMA was a pure point of law
Ratio Decidendi
The preliminary objection raised at the CMA was not a pure point of law as it required evidence to determine the employment period. The mediator erred by relying on evidence (employment contract) to decide the objection, which is contrary to the law on preliminary objections.
Court Disposition
application granted
Orders
- CMA's ruling quashed and set aside
- File remitted to CMA for mediation by another mediator
Full Case Text
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