monica hosea macha vs itech tanzania 2020 tzhcld 5 31 march 2020

monica hosea macha vs itech tanzania 2020 tzhcld 5 31 march 2020

Due to irretrievable loss of CMA records, the proceedings and award in labour dispute CMA/DSM/KIN/219/12 are quashed and set aside; retrial is ordered to ensure the applicant's right to fair hearing and revision is preserved.

Citation
monica hosea macha vs itech tanzania 2020 tzhcld 5 31 march 2020
Parties
Applicant: Monica Hosea Macha; Respondent: I-TECH Tanzania
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 March 2020
Procedural Posture
Labour Revision / Judgment
Outcome
Proceedings and award quashed; retrial ordered.
Legal Topics
Loss of Records, Right to Fair Hearing, Revision Proceedings, Reconstruction of File, Retrial
Source Language
English
Labour Law Civil Procedure Constitutional Law Loss of Records Right to Fair Hearing Revision Proceedings Reconstruction of File Retrial

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Parties

Monica Hosea Macha

Applicant

I-TECH Tanzania

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the applicant can exercise the right of revision in absence of CMA records
  2. 2 Appropriate remedy when tribunal records are lost
  3. 3 Impact of lost records on right to fair hearing

Ratio Decidendi

Due to irretrievable loss of CMA records, the proceedings and award in labour dispute CMA/DSM/KIN/219/12 are quashed and set aside; retrial is ordered to ensure the applicant's right to fair hearing and revision is preserved.

Court Disposition

Proceedings and award quashed; retrial ordered.

Orders

  • Proceedings and award in CMA/DSM/KIN/219/12 quashed and set aside.
  • Applicant to file fresh dispute at CMA within sixty days from judgment date.