leonarda olaph vs eyecatchers t limited 2023 tzhcld 1465 19 october 2023

leonarda olaph vs eyecatchers t limited 2023 tzhcld 1465 19 october 2023

The CMA proceedings and award were vitiated by the improper admission of exhibits and denial of the parties' right to be heard on the admissibility of evidence, necessitating nullification of proceedings and a rehearing before a different arbitrator.

Source-derived case information.

Citation
leonarda olaph vs eyecatchers t limited 2023 tzhcld 1465 19 october 2023
Parties
Applicant: Leonard Olaph; Respondent: Eyecatcherz (T) Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
19 October 2023
Procedural Posture
Labour Revision Application / Judgment on Revision of CMA Award
Outcome
CMA proceedings nullified, award quashed and set aside, matter remitted for rehearing de novo before a different arbitrator.
Legal Topics
Unfair Termination, Employment Relationship, Procedural Fairness, Admissibility of Evidence, Right to Be Heard
Source Language
english
Labour Law Unfair Termination Employment Relationship Procedural Fairness Admissibility of Evidence Right to Be Heard

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Parties

Leonard Olaph

Applicant

Eyecatcherz (T) Limited

Respondent

Procedural Posture

Labour Revision Application / Judgment on Revision of CMA Award

Legal Issues

  1. 1 Whether the CMA proceedings and award were vitiated by improper admission of evidence and denial of right to be heard
  2. 2 Whether the applicant was an employee of the respondent and was unfairly terminated

Ratio Decidendi

The CMA proceedings and award were vitiated by the improper admission of exhibits and denial of the parties' right to be heard on the admissibility of evidence, necessitating nullification of proceedings and a rehearing before a different arbitrator.

Court Disposition

CMA proceedings nullified, award quashed and set aside, matter remitted for rehearing de novo before a different arbitrator.

Orders

  • CMA proceedings nullified
  • Award quashed and set aside