PROGUARDS SECURITY SERVICES LTD V

PROGUARDS SECURITY SERVICES LTD V

The arbitrator's failure to afford parties the right to comment before starting proceedings afresh and raising limitation of time at the award stage, after the issue had already been determined, vitiated the proceedings. The arbitrator was functus officio on the limitation issue. The proceedings and award are nullified and the matter is remitted for rehearing from the point of recusal.

Citation
PROGUARDS SECURITY SERVICES LTD V
Parties
Applicant: Proguards Security Services Ltd.; Respondent: Jerome Simon Mabone
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Labour Revision / Judgment on Application to Revise Arbitral Award and Ruling
Outcome
CMA proceedings and award nullified; matter remitted for rehearing before a different arbitrator from the point of recusal.
Legal Topics
Unfair Termination, Time Limitation, Right to Be Heard, Functus Officio, Arbitral Procedure
Source Language
English
Labour Law Unfair Termination Time Limitation Right to Be Heard Functus Officio Arbitral Procedure

Case Brief

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Parties

Proguards Security Services Ltd.

Applicant

Jerome Simon Mabone

Respondent

Procedural Posture

Labour Revision / Judgment on Application to Revise Arbitral Award and Ruling

Legal Issues

  1. 1 Whether the dispute of unfair termination was referred to the Commission within the time prescribed by law
  2. 2 Whether it was proper for the Commission to order the applicant to pay the respondent TZS 600,000
  3. 3 Whether the arbitrator erred by starting proceedings afresh without affording parties the right to comment

Ratio Decidendi

The arbitrator's failure to afford parties the right to comment before starting proceedings afresh and raising limitation of time at the award stage, after the issue had already been determined, vitiated the proceedings. The arbitrator was functus officio on the limitation issue. The proceedings and award are nullified and the matter is remitted for rehearing from the point of recusal.

Court Disposition

CMA proceedings and award nullified; matter remitted for rehearing before a different arbitrator from the point of recusal.

Orders

  • CMA proceedings recorded by Hon. Mwabeza are nullified
  • Award arising from those proceedings is quashed and set aside