20100319 TZHC Mwanza

20100319 TZHC Mwanza

The CMA failed to keep a proper record of arbitration proceedings as required by law, which vitiated the entire proceedings and resultant award.

Citation
20100319 TZHC Mwanza
Parties
Applicant: Edna Pendael Tenga; Respondent: Parokia ya Bugando
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 March 2010
Procedural Posture
Labour Revision / Ruling on Revision Application
Outcome
Award and proceedings quashed due to procedural irregularity.
Legal Topics
Arbitration Proceedings, Record Keeping, Procedural Fairness
Source Language
English
Labour Law Arbitration Proceedings Record Keeping Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Edna Pendael Tenga

Applicant

Parokia ya Bugando

Respondent

Procedural Posture

Labour Revision / Ruling on Revision Application

Legal Issues

  1. 1 Whether the Commission for Mediation and Arbitration (CMA) properly conducted arbitration proceedings in accordance with prescribed rules
  2. 2 Whether failure to keep a proper record of proceedings vitiates the award

Ratio Decidendi

The CMA failed to keep a proper record of arbitration proceedings as required by law, which vitiated the entire proceedings and resultant award.

Court Disposition

Award and proceedings quashed due to procedural irregularity.

Orders

  • Applicant to pick a new copy of the decision at the MZA CMA office.