greenwaste pro limited vs mwajabu ally 2022 tzca 793 7 december 2022

Failure to administer oath to witnesses and failure to append arbitrator's signature after recording testimony are fatal irregularities that vitiate CMA proceedings and subsequent judgments.

Source-derived case information.

Citation: greenwaste pro limited vs mwajabu ally 2022 tzca 793 7 december 2022
Parties: Appellant: Greenwaste Pro Limited; Respondent: Mwajabu Ally
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 7 December 2022
Procedural Posture: Civil Appeal / Appellate Ruling
Outcome: proceedings quashed and remitted for retrial
Legal Topics: Unfair Termination, Procedural Irregularity, Evidence, Arbitration
Source Language: english

Labour Law Civil Procedure Unfair Termination Procedural Irregularity Evidence Arbitration

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Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 5

Parties

Greenwaste Pro Limited

Appellant

Mwajabu Ally

Respondent

Procedural Posture

Civil Appeal / Appellate Ruling

Legal Issues

1 Whether failure to administer oath to witnesses vitiates CMA proceedings
2 Whether failure to append arbitrator's signature after witness testimony vitiates proceedings

Ratio Decidendi

Failure to administer oath to witnesses and failure to append arbitrator's signature after recording testimony are fatal irregularities that vitiate CMA proceedings and subsequent judgments.

Court Disposition

proceedings quashed and remitted for retrial

Orders

Proceedings of CMA quashed
Arbitral award set aside

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