ISSA NIYA

ISSA NIYA

The failure to administer oath to witnesses before testifying in the CMA was a fatal irregularity that vitiated the entire proceedings, requiring nullification of the decision and a retrial before another arbitrator.

Citation
ISSA NIYA
Parties
Applicant: Issa Niya Siraji; Respondent: Feisal Cable Network
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 1995
Procedural Posture
Labour Revision / Ruling on Application for Revision of CMA Decision
Outcome
Proceedings nullified, decision quashed, orders set aside, retrial ordered before another arbitrator, no order as to costs.
Legal Topics
Procedural Irregularity, Witness Oath, Signature of Arbitrator, Labour Dispute Retrial
Source Language
English
Labour Law Procedural Irregularity Witness Oath Signature of Arbitrator Labour Dispute Retrial

Case Brief

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Parties

Issa Niya Siraji

Applicant

Feisal Cable Network

Respondent

Procedural Posture

Labour Revision / Ruling on Application for Revision of CMA Decision

Legal Issues

  1. 1 Whether failure to append arbitrator's signature at the end of witness testimony vitiates CMA proceedings
  2. 2 Whether failure to administer oath to witnesses before testifying vitiates CMA proceedings

Ratio Decidendi

The failure to administer oath to witnesses before testifying in the CMA was a fatal irregularity that vitiated the entire proceedings, requiring nullification of the decision and a retrial before another arbitrator.

Court Disposition

Proceedings nullified, decision quashed, orders set aside, retrial ordered before another arbitrator, no order as to costs.

Orders

  • The whole proceedings of CMA/DOM/20/2019 are nullified.
  • Decision and orders of the CMA are quashed and set aside.