edna pendael tenga vs parokia ya bugando 2010 tzhc 227 19 march 2010

edna pendael tenga vs parokia ya bugando 2010 tzhc 227 19 march 2010

The CMA failed to keep a proper record of arbitration proceedings as required by law, amounting to a fundamental irregularity that vitiates the entire proceedings and award.

Citation
edna pendael tenga vs parokia ya bugando 2010 tzhc 227 19 march 2010
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
CMA proceedings and award quashed; matter remitted for fresh hearing.
Legal Topics
Arbitration Proceedings, Record Keeping, Procedural Irregularity
Source Language
English
Labour Law Arbitration Proceedings Record Keeping Procedural Irregularity

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 CMA failed to conduct proper arbitration proceedings as required by law
  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, amounting to a fundamental irregularity that vitiates the entire proceedings and award.

Court Disposition

CMA proceedings and award quashed; matter remitted for fresh hearing.

Orders

  • The whole of the CMA proceedings including the award are quashed.
  • The file is remitted to the CMA for the dispute to be processed afresh according to law.