tib development bank ltd vs silas mgana and others 2020 tzhcld 3846 24 december 2020
The award was improperly procured as the evidence of PW1 was not sufficient to prove all respondents' claims; each respondent had an obligation to prove his/her claim individually, which was not done; thus, the award is set aside and proceedings quashed.
Source-derived case information.
- Citation
- tib development bank ltd vs silas mgana and others 2020 tzhcld 3846 24 december 2020
- Parties
- Applicant: TIB Development Bank Limited; Respondents: Silas Mgana & 6 others
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 24 December 2020
- Procedural Posture
- Labour Revision / Judgment
- Outcome
- award set aside, proceedings quashed, matter remitted to CMA for rehearing
- Legal Topics
- Unfair Termination, Representative Suits, Procedural Fairness, Evidence in Labour Disputes
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
TIB Development Bank Limited
Applicant
Silas Mgana & 6 others
Respondents
Procedural Posture
Labour Revision / Judgment
Legal Issues
- 1 Whether Edward Christopher had mandate to testify on behalf of other respondents
- 2 Whether the Arbitrator stated reasons for his decision
Ratio Decidendi
The award was improperly procured as the evidence of PW1 was not sufficient to prove all respondents' claims; each respondent had an obligation to prove his/her claim individually, which was not done; thus, the award is set aside and proceedings quashed.
Court Disposition
award set aside, proceedings quashed, matter remitted to CMA for rehearing
Orders
- Award revised and set aside
- Proceedings quashed
Full Case Text
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