redave nursery and primary school vs emmanuel e ndowo 2023 tzhcld 1361 28 july 2023
The Arbitrator's reference to DW2 was a typographical error and did not affect the evaluation of evidence or the parties' rights. The dispute was properly determined as breach of contract with constructive termination, and the CMA Award was rational and logical.
- Citation
- redave nursery and primary school vs emmanuel e ndowo 2023 tzhcld 1361 28 july 2023
- Parties
- Applicant: Redave Nursery and Primary School; Respondent: Emmanuel E. Ndowo
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 28 July 2023
- Procedural Posture
- Revision Application / Judgment
- Outcome
- Application dismissed
- Legal Topics
- Constructive Termination, Breach of Contract, Unfair Termination, Employment Contract, Compensation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Redave Nursery and Primary School
Applicant
Emmanuel E. Ndowo
Respondent
Procedural Posture
Revision Application / Judgment
Legal Issues
- 1 Whether the Arbitrator erred by creating a non-existing witness (DW2)
- 2 Whether the Arbitrator changed the nature of dispute from breach of contract to constructive termination
- 3 Whether the Respondent was terminated by letter and if it was proved
Ratio Decidendi
The Arbitrator's reference to DW2 was a typographical error and did not affect the evaluation of evidence or the parties' rights. The dispute was properly determined as breach of contract with constructive termination, and the CMA Award was rational and logical.
Court Disposition
Application dismissed
Orders
- CMA Award sustained
- No order as to costs
Full Case Text
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