saveki security services limited vs ramadhani saidi abdallah others 2022 tzhcld 778 11 july 2022

saveki security services limited vs ramadhani saidi abdallah others 2022 tzhcld 778 11 july 2022

Failure by the CMA to determine the preliminary objection before proceeding to the merits infringed the applicant's right to be heard, constituting a serious procedural irregularity warranting nullification of the proceedings and award.

Citation
saveki security services limited vs ramadhani saidi abdallah others 2022 tzhcld 778 11 july 2022
Parties
Applicant: Saveki Security Services Limited; Respondents: Ramadhani Saidi Abdallah & Others
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
11 July 2022
Procedural Posture
Labour Revision / Judgment on Revision From CMA Award
Outcome
CMA proceedings and award quashed and set aside; file remitted to CMA to determine the preliminary objection.
Legal Topics
Unfair Termination, Retrenchment, Procedural Irregularity, Right to Be Heard, Preliminary Objection
Source Language
English
Labour Law Unfair Termination Retrenchment Procedural Irregularity Right to Be Heard Preliminary Objection

Case Brief

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Parties

Saveki Security Services Limited

Applicant

Ramadhani Saidi Abdallah & Others

Respondents

Procedural Posture

Labour Revision / Judgment on Revision From CMA Award

Legal Issues

  1. 1 Whether the CMA proceedings were vitiated by procedural irregularities
  2. 2 Whether failure to determine a preliminary objection infringed the applicant's right to be heard

Ratio Decidendi

Failure by the CMA to determine the preliminary objection before proceeding to the merits infringed the applicant's right to be heard, constituting a serious procedural irregularity warranting nullification of the proceedings and award.

Court Disposition

CMA proceedings and award quashed and set aside; file remitted to CMA to determine the preliminary objection.

Orders

  • CMA proceedings from when the preliminary objection was raised and the subsequent award are quashed and set aside.
  • File remitted to CMA to determine the preliminary objection and proceed according to its outcome.