20131202 TZHC Arusha

20131202 TZHC Arusha

The CMA proceedings were improperly conducted because, after setting aside the ex parte award, the arbitrator dismissed the main application without hearing both parties, violating procedural fairness.

Citation
20131202 TZHC Arusha
Parties
Applicant: Sadiki Bakari Dafa; Respondent: Tanzania DMC Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 December 2013
Procedural Posture
Labour Revision / Ex Parte Ruling on Procedural Impropriety
Outcome
Proceedings quashed and nullified
Legal Topics
Unfair Termination, Procedural Impropriety, Setting Aside Ex Parte Award
Source Language
English
Labour Law Unfair Termination Procedural Impropriety Setting Aside Ex Parte Award

Case Brief

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Parties

Sadiki Bakari Dafa

Applicant

Tanzania DMC Ltd

Respondent

Procedural Posture

Labour Revision / Ex Parte Ruling on Procedural Impropriety

Legal Issues

  1. 1 Whether the proceedings at the Commission for Mediation and Arbitration (CMA) were properly conducted
  2. 2 Whether the applicant was unfairly terminated
  3. 3 What reliefs each party is entitled to

Ratio Decidendi

The CMA proceedings were improperly conducted because, after setting aside the ex parte award, the arbitrator dismissed the main application without hearing both parties, violating procedural fairness.

Court Disposition

Proceedings quashed and nullified

Orders

  • The proceedings at CMA are quashed and nullified.
  • The application to set aside the ex parte award at CMA to be heard afresh before another arbitrator immediately.