finca t ltd vs wildman masika others 2019 tzhcld 3 30 september 2019
The appellant failed to prove that the respondents engaged in an unlawful assembly or strike; the referral to arbitration was valid as parties agreed; delay in delivering the award did not cause injustice and does not nullify the proceedings.
- Citation
- finca t ltd vs wildman masika others 2019 tzhcld 3 30 september 2019
- Parties
- Appellant: FINCA Tanzania Ltd; Respondents: Wildman Masika & 11 Others
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 30 September 2019
- Procedural Posture
- Civil Appeal / Final Appellate Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Unfair Termination, Arbitration Procedure, Timeliness of Awards
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
FINCA Tanzania Ltd
Appellant
Wildman Masika & 11 Others
Respondents
Procedural Posture
Civil Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the respondents' conduct constituted an unlawful assembly or strike justifying termination
- 2 Whether the referral from mediation to arbitration was procedurally valid
- 3 Whether delay in delivering the arbitration award invalidated the proceedings
Ratio Decidendi
The appellant failed to prove that the respondents engaged in an unlawful assembly or strike; the referral to arbitration was valid as parties agreed; delay in delivering the award did not cause injustice and does not nullify the proceedings.
Court Disposition
appeal dismissed
Orders
- appeal dismissed in entirety
- no order as to costs
Full Case Text
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