christian minde vs tanesco 2022 tzca 692 9 november 2022
The evidence of DW1, DW2, and DW3 was unlawfully recorded without oath or affirmation and is invalid. Interests of justice require expunging all evidence recorded in response to the expunged evidence, including PW1, and ordering a retrial for both parties to adduce evidence afresh.
Source-derived case information.
- Citation
- christian minde vs tanesco 2022 tzca 692 9 november 2022
- Parties
- Appellant: Christian Minde; Respondent: Tanzania Electric Supply Company Limited (TANESCO)
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 9 November 2022
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Unfair Termination, Evidence, Retrials
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christian Minde
Appellant
Tanzania Electric Supply Company Limited (TANESCO)
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the CMA and High Court erred in relying on unsworn evidence
- 2 Whether evidence recorded without oath or arbitrator's signature should be expunged
- 3 Whether a retrial should allow both parties to adduce evidence afresh
Ratio Decidendi
The evidence of DW1, DW2, and DW3 was unlawfully recorded without oath or affirmation and is invalid. Interests of justice require expunging all evidence recorded in response to the expunged evidence, including PW1, and ordering a retrial for both parties to adduce evidence afresh.
Court Disposition
appeal allowed
Orders
- Evidence of DW1, DW2, and DW3 expunged from CMA record.
- Evidence of PW1 expunged from CMA record.
Full Case Text
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