20100322 TZHC Mwanza

20100322 TZHC Mwanza

The CMA officers who mediated the disputes proceeded to arbitrate without any indication of appointment or giving the parties a choice, constituting a material irregularity. Therefore, the CMA proceedings, awards, and subsequent orders are quashed and the matters remitted for fresh proceedings in accordance with the law.

Citation
20100322 TZHC Mwanza
Parties
Applicant: Tanzania Breweries Ltd; Respondent: Charles Malagona; Applicant: Henry Kilugula
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 March 2010
Procedural Posture
Labour Revision / Ruling on Consolidated Applications for Revision of CMA Awards
Outcome
CMA proceedings, awards, and subsequent orders quashed; matters remitted for fresh proceedings.
Legal Topics
Mediation and Arbitration Procedure, Appointment of Arbitrator, Jurisdictional Irregularity, Labour Dispute Resolution
Source Language
English
Labour Law Mediation and Arbitration Procedure Appointment of Arbitrator Jurisdictional Irregularity Labour Dispute Resolution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Tanzania Breweries Ltd

Applicant

Charles Malagona

Respondent

Henry Kilugula

Applicant

Procedural Posture

Labour Revision / Ruling on Consolidated Applications for Revision of CMA Awards

Legal Issues

  1. 1 Whether a mediator can proceed to arbitrate a dispute after mediation fails without a specific appointment or giving parties a choice
  2. 2 Whether failure to separate mediation and arbitration proceedings vitiates the arbitration award

Ratio Decidendi

The CMA officers who mediated the disputes proceeded to arbitrate without any indication of appointment or giving the parties a choice, constituting a material irregularity. Therefore, the CMA proceedings, awards, and subsequent orders are quashed and the matters remitted for fresh proceedings in accordance with the law.

Court Disposition

CMA proceedings, awards, and subsequent orders quashed; matters remitted for fresh proceedings.

Orders

  • CMA files to be remitted for fresh mediation and arbitration proceedings to be conducted separately in accordance with the law.
  • For avoidance of doubt, at CMA, the two proceedings are to be conducted differently.