raphael m lukanda vs etg logistics ltd 2023 tzhcld 1228 30 march 2023

raphael m lukanda vs etg logistics ltd 2023 tzhcld 1228 30 march 2023

The court found that the mediator and arbitrator acted without jurisdiction and failed to consider material facts, including the applicant's arrest and the circumstances surrounding the delay. All proceedings, awards, and orders by the mediator and arbitrator were nullified as a result, and the matter was remitted for proper mediation and arbitration before different officers.

Citation
raphael m lukanda vs etg logistics ltd 2023 tzhcld 1228 30 march 2023
Parties
Applicant: Raphael M. Lukanda; Respondent: ETG Logistics Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 March 2023
Procedural Posture
Labour Revision / Judgment on Application for Revision of CMA Ruling
Outcome
All CMA proceedings, awards, rulings, and orders by the mediator and arbitrator are nullified and set aside. The matter is remitted to the CMA for fresh mediation and, if necessary, arbitration before different officers.
Legal Topics
Unfair Termination, Time Limitation for Referral, Jurisdiction of Mediator, Right to Be Heard, Setting Aside Ex Parte Awards
Source Language
English
Labour Law Unfair Termination Time Limitation for Referral Jurisdiction of Mediator Right to Be Heard Setting Aside Ex Parte Awards

Case Brief

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Parties

Raphael M. Lukanda

Applicant

ETG Logistics Limited

Respondent

Procedural Posture

Labour Revision / Judgment on Application for Revision of CMA Ruling

Legal Issues

  1. 1 Whether the CMA erred in issuing a non-settlement certificate before hearing and determination of the dispute
  2. 2 Whether the CMA erred by denying the applicant the right to representation
  3. 3 Whether the dispute was time-barred for referral to arbitration

Ratio Decidendi

The court found that the mediator and arbitrator acted without jurisdiction and failed to consider material facts, including the applicant's arrest and the circumstances surrounding the delay. All proceedings, awards, and orders by the mediator and arbitrator were nullified as a result, and the matter was remitted for proper mediation and arbitration before different officers.

Court Disposition

All CMA proceedings, awards, rulings, and orders by the mediator and arbitrator are nullified and set aside. The matter is remitted to the CMA for fresh mediation and, if necessary, arbitration before different officers.

Orders

  • All CMA proceedings conducted by Lamwely, D, Mediator, are nullified.
  • All awards, rulings, and orders arising from those proceedings are set aside.