mhubiri rogega mongateko vs mak medics ltd 2022 tzca 452 20 july 2022

The appeal was allowed because the CMA and High Court relied on a document (exhibit D4) that was not properly admitted in evidence, resulting in a miscarriage of justice.

Citation: mhubiri rogega mongateko vs mak medics ltd 2022 tzca 452 20 july 2022
Parties: Appellant: Mhubiri Rogega Mong'ateko; Respondent: MAK Medics Ltd
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 20 July 2022
Procedural Posture: Civil Appeal / Judgment on Appeal From High Court Ruling in Labour Revision No. 9 of 2017
Outcome: Appeal allowed
Legal Topics: Unfair Termination, Admissibility of Evidence, Labour Dispute Procedure, Right to Representation
Source Language: English

Labour Law Civil Procedure Unfair Termination Admissibility of Evidence Labour Dispute Procedure Right to Representation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 1

Parties

Mhubiri Rogega Mong'ateko

Appellant

MAK Medics Ltd

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court Ruling in Labour Revision No. 9 of 2017

Legal Issues

1 Whether the High Court erred in upholding the CMA's decision based on evidence not properly admitted
2 Whether the appellant was denied the right to representation
3 Whether the termination of employment was procedurally and substantively fair

Ratio Decidendi

The appeal was allowed because the CMA and High Court relied on a document (exhibit D4) that was not properly admitted in evidence, resulting in a miscarriage of justice.

Court Disposition

Appeal allowed

Orders

Quash and set aside the whole revision proceedings in the High Court and CMA from 21st November, 2016
Remit the case to the CMA for a trial de novo before another arbitrator