tanzania cigarette company ltd vs anna mapunda andrew sabaya 2022 tzhcld 740 15 august 2022

IN THE HIGH COUR OF TANZANIA

LABOUR DIVISION

AT PAR ES SALAAM REVISION APPLICATION NO. 304 OF 2021

BETWEEN TANZANIA CIGARETTE COMPANY LTD............................... APPLICANT AND ANNA MAPUNDI....................................................... 1st RESPONDENT ANDREW SABAYA..................................................... 2nd RESPONDENT

RULING Date of Ruting: 15/08/2022 B. E. K. MGANGA, J On 5th August 2021, Tanzania Cigarette Company Ltd, the herein applicant filed this application seeking the Court to revise CMA award issued on 10th June, 2016 in favor of Anna Mapundi and Andrew Sabaya, the herein respondents. When the matter was called on for hearing, the Court notified the parties that efforts to trace the CMA record has proved failure. The Court therefore asked the parties whether they are in a position to reconstruct the record and the way forward. On his part, Mr. Pascal Kamala Advocate for the applicant submitted that he is not in a position to reconstruct the CMA record, considering that i the matter was handled by another advocate who is currently not present. He therefore prayed that CMA proceedings be nullified, the award arising therefrom be quashed and set aside and order trial de novo. On her side, Patricia Mbosa, Advocate for the respondent concurred with submissions made by counsel for the applicant that she is also not in a position to reconstruct the record and prayed proceedings be nullified and order trial de novo. I entirely agree with both learned counsels that since there is no CMA record and parties are not in a position of reconstructing it, in no way this Court can determine this revision application. The only option available is to nullify the CMA proceedings, quash and set aside the award arising therefrom as I hereby do and order that parties should go back to CMA for the dispute to be heard before another arbitrator without delay. It is so ordered. 2