nusriya marhoon vs jabir hamdan 2022 tzhcld 638 30 june 2022

Given the absence of certified proceedings and the impossibility of reconstructing the record, the proper course is to nullify the CMA record, quash and set aside the award, and order a retrial before a different arbitrator.

Source-derived case information.

Citation: nusriya marhoon vs jabir hamdan 2022 tzhcld 638 30 june 2022
Parties: Applicant: Nusriye Marhoon; Respondent: Jabir Hamdan
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 30 June 2022
Procedural Posture: Labour Revision / Ruling on Application for Revision
Outcome: CMA record nullified, award quashed and set aside, trial de novo ordered before a different arbitrator.
Legal Topics: Unfair Termination, Missing Record, Retrial, Nullification of Proceedings
Source Language: english

Labour Law Unfair Termination Missing Record Retrial Nullification of Proceedings

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Summary, issues, holding and outcome

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

Parties

Nusriye Marhoon

Applicant

Jabir Hamdan

Respondent

Procedural Posture

Labour Revision / Ruling on Application for Revision

Legal Issues

1 Whether proceedings should be nullified and trial de novo ordered due to missing CMA record
2 Whether parties should be allowed to reconstruct the missing record

Ratio Decidendi

Court Disposition

CMA record nullified, award quashed and set aside, trial de novo ordered before a different arbitrator.

Orders

CMA record is nullified.
Award arising from the CMA proceedings is quashed and set aside.

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