20130801 TZHC Arusha

20130801 TZHC Arusha

The delay in delivering the arbitration award did not cause any prejudice or miscarriage of justice to the applicant, and the evidence adduced before the Commission for Mediation and Arbitration was insufficient to prove the alleged misconduct. The Arbitrator properly evaluated the evidence and the findings were justified.

Citation
20130801 TZHC Arusha
Parties
Applicant: Tanzanite One Mining Ltd; Respondent: Thomas Kitare Temere
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 August 2013
Procedural Posture
Labour Revision / Judgment
Outcome
Application dismissed
Legal Topics
Unfair Termination, Delay in Delivery of Arbitration Award, Evaluation of Evidence
Source Language
English
Labour Law Unfair Termination Delay in Delivery of Arbitration Award Evaluation of Evidence

Case Brief

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Parties

Tanzanite One Mining Ltd

Applicant

Thomas Kitare Temere

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the delay in delivering the arbitration award invalidated the award
  2. 2 Whether the Commission for Mediation and Arbitration properly evaluated the evidence and made consistent findings

Ratio Decidendi

The delay in delivering the arbitration award did not cause any prejudice or miscarriage of justice to the applicant, and the evidence adduced before the Commission for Mediation and Arbitration was insufficient to prove the alleged misconduct. The Arbitrator properly evaluated the evidence and the findings were justified.

Court Disposition

Application dismissed

Orders

  • Application dismissed