iringa international school vs elizabeth post 2021 tzca 496 20 september 2021
Failure to administer oath to witnesses and failure of the arbitrator to sign at the end of each witness's testimony are fatal omissions that vitiate the proceedings before the CMA and the High Court; such proceedings are null and void and must be quashed, with the matter remitted for retrial.
- Citation
- iringa international school vs elizabeth post 2021 tzca 496 20 september 2021
- Parties
- Appellant: Iringa International School; Respondent: Elizabeth Post
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 20 September 2021
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Evidence Under Oath, Arbitrator's Signature, Nullity of Proceedings, Remittal for Retrial
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Iringa International School
Appellant
Elizabeth Post
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether omission to administer oath to witnesses before the CMA vitiates proceedings
- 2 Whether failure of arbitrator to sign at the end of each witness's testimony invalidates proceedings
Ratio Decidendi
Failure to administer oath to witnesses and failure of the arbitrator to sign at the end of each witness's testimony are fatal omissions that vitiate the proceedings before the CMA and the High Court; such proceedings are null and void and must be quashed, with the matter remitted for retrial.
Court Disposition
appeal allowed
Orders
- Proceedings of the CMA and High Court quashed
- CMA award and High Court judgment set aside
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