erastus pre primary schools vs ayubu mustapha another 2022 tzhcld 674 15 july 2022

erastus pre primary schools vs ayubu mustapha another 2022 tzhcld 674 15 july 2022

The CMA proceedings and award were nullified due to fatal procedural irregularities: witnesses for the respondents testified without oath or affirmation, the matter was irregularly reassigned between arbitrators without proper record or consent, and the applicant was denied the right to comment before admission of exhibits, all of which denied the parties a fair hearing.

Citation
erastus pre primary schools vs ayubu mustapha another 2022 tzhcld 674 15 july 2022
Parties
Applicant: Erastus Pre & Primary School; 1st Respondent: Ayub Mstaffah; 2nd Respondent: Grace Peter
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
15 July 2022
Procedural Posture
Labour Revision / Judgment on Revision Application
Outcome
CMA proceedings nullified, award quashed and set aside, trial de novo ordered before a different arbitrator.
Legal Topics
Unfair Termination, Employer Employee Relationship, Procedural Irregularities, Right to Fair Hearing, Delegation of Arbitral Functions
Source Language
English
Labour Law Employment Law Civil Procedure Unfair Termination Employer Employee Relationship Procedural Irregularities Right to Fair Hearing Delegation of Arbitral Functions

Case Brief

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Parties

Erastus Pre & Primary School

Applicant

Ayub Mstaffah

1st Respondent

Grace Peter

2nd Respondent

Procedural Posture

Labour Revision / Judgment on Revision Application

Legal Issues

  1. 1 Whether the arbitrator conducted a fair hearing by imposing the burden of proof of employment relationship on the applicant
  2. 2 Whether the arbitrator properly evaluated the evidence
  3. 3 Whether the arbitrator properly evaluated the reliefs sought

Ratio Decidendi

The CMA proceedings and award were nullified due to fatal procedural irregularities: witnesses for the respondents testified without oath or affirmation, the matter was irregularly reassigned between arbitrators without proper record or consent, and the applicant was denied the right to comment before admission of exhibits, all of which denied the parties a fair hearing.

Court Disposition

CMA proceedings nullified, award quashed and set aside, trial de novo ordered before a different arbitrator.

Orders

  • CMA proceedings are nullified.
  • The award is quashed and set aside.