power and network back up ltd vs faraji iddi 2022 tzhc 11140 25 april 2022

power and network back up ltd vs faraji iddi 2022 tzhc 11140 25 april 2022

The applicant was denied a fair trial before the Commission for Mediation and Arbitration due to serious procedural irregularities, including failure to follow mandatory arbitration stages and denial of the right to be heard, rendering the proceedings and award null.

Citation
power and network back up ltd vs faraji iddi 2022 tzhc 11140 25 april 2022
Parties
Applicant: Power and Network Back Up Ltd; Respondent: Faraji Iddi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 April 2022
Procedural Posture
Labour Revision / Ruling on Application for Revision of Arbitration Award
Outcome
Application allowed; proceedings and award of the Commission nullified and set aside.
Legal Topics
Employment Contract Breach, Right to Fair Hearing, Arbitration Procedure, Natural Justice
Source Language
English
Labour Law Employment Contract Breach Right to Fair Hearing Arbitration Procedure Natural Justice

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Parties

Power and Network Back Up Ltd

Applicant

Faraji Iddi

Respondent

Procedural Posture

Labour Revision / Ruling on Application for Revision of Arbitration Award

Legal Issues

  1. 1 Whether the applicant was afforded a fair trial before the Commission for Mediation and Arbitration
  2. 2 Whether the arbitration proceedings and award were lawful and procedurally proper

Ratio Decidendi

The applicant was denied a fair trial before the Commission for Mediation and Arbitration due to serious procedural irregularities, including failure to follow mandatory arbitration stages and denial of the right to be heard, rendering the proceedings and award null.

Court Disposition

Application allowed; proceedings and award of the Commission nullified and set aside.

Orders

  • Proceedings before the Commission from 11th November 2019 to the award date are nullified.
  • The award is set aside.