finca t ltd vs wildman masika others 2019 tzhcld 3 30 september 2019

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

  1. 1 Whether the respondents' conduct constituted an unlawful assembly or strike justifying termination
  2. 2 Whether the referral from mediation to arbitration was procedurally valid
  3. 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