lsg sky chefs vs badili mgambo 2023 tzhcld 1384 9 august 2023

lsg sky chefs vs badili mgambo 2023 tzhcld 1384 9 august 2023

The CMA proceedings were a nullity due to procedural irregularities: arbitrators changed without recording reasons, exhibits were not properly admitted or commented upon by the parties, and confidential mediation information was improperly kept in the arbitration file. These defects violated statutory requirements and the right to be heard, rendering the proceedings and award void.

Citation
lsg sky chefs vs badili mgambo 2023 tzhcld 1384 9 august 2023
Parties
Applicant: LSG Sky Chefs; Respondent: Badili Mgambo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
9 August 2023
Procedural Posture
Labour Revision / Ruling on Procedural Irregularities and Nullification of Proceedings
Outcome
CMA proceedings nullified, award quashed and set aside, order for trial de novo before a different arbitrator
Legal Topics
Unfair Termination, Procedural Irregularity, Admission of Evidence, Arbitrator Appointment, Right to Be Heard
Source Language
English
Labour Law Unfair Termination Procedural Irregularity Admission of Evidence Arbitrator Appointment Right to Be Heard

Case Brief

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Parties

LSG Sky Chefs

Applicant

Badili Mgambo

Respondent

Procedural Posture

Labour Revision / Ruling on Procedural Irregularities and Nullification of Proceedings

Legal Issues

  1. 1 Whether the change of arbitrators without recording reasons vitiated the proceedings
  2. 2 Whether exhibits were properly admitted in evidence at the CMA
  3. 3 Whether keeping mediation information in the arbitration file was proper

Ratio Decidendi

The CMA proceedings were a nullity due to procedural irregularities: arbitrators changed without recording reasons, exhibits were not properly admitted or commented upon by the parties, and confidential mediation information was improperly kept in the arbitration file. These defects violated statutory requirements and the right to be heard, rendering the proceedings and award void.

Court Disposition

CMA proceedings nullified, award quashed and set aside, order for trial de novo before a different arbitrator

Orders

  • CMA proceedings are nullified
  • Award is quashed and set aside