joseph d maringo vs eldrige investment t ltd 2022 tzhcld 644 1 july 2022

joseph d maringo vs eldrige investment t ltd 2022 tzhcld 644 1 july 2022

The arbitrator was not justified in law or procedure to proceed with the hearing ex-parte in the absence of the applicant, the referring party. The ex-parte award was improperly issued and must be set aside.

Citation
joseph d maringo vs eldrige investment t ltd 2022 tzhcld 644 1 july 2022
Parties
Applicant: Joseph D. Maringo; Respondent: Eldrige Investment (T) Ltd.
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 July 2022
Procedural Posture
Labour Revision / Judgment on Revision From Commission for Mediation and Arbitration
Outcome
Application granted
Legal Topics
Unfair Termination, Ex Parte Proceedings, Setting Aside Ex Parte Award, Arbitration Procedure
Source Language
English
Labour Law Unfair Termination Ex Parte Proceedings Setting Aside Ex Parte Award Arbitration Procedure

Case Brief

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Parties

Joseph D. Maringo

Applicant

Eldrige Investment (T) Ltd.

Respondent

Procedural Posture

Labour Revision / Judgment on Revision From Commission for Mediation and Arbitration

Legal Issues

  1. 1 Whether it was proper in law for the arbitrator to proceed with ex-parte hearing on the side of the respondent

Ratio Decidendi

The arbitrator was not justified in law or procedure to proceed with the hearing ex-parte in the absence of the applicant, the referring party. The ex-parte award was improperly issued and must be set aside.

Court Disposition

Application granted

Orders

  • The ex-parte award issued by the CMA is set aside.
  • The matter is remitted to the CMA for an interparte hearing before another arbitrator with competent jurisdiction.