weir services tanzania limited vs jacques louis bruwer 2023 tzca 17762 19 october 2023

Failure to administer oath or affirmation to all witnesses before testifying at the CMA was a fatal procedural irregularity, vitiating the proceedings and resultant award. The law mandates evidence be given under oath; omission prejudices parties and renders proceedings a nullity.

Source-derived case information.

Citation: weir services tanzania limited vs jacques louis bruwer 2023 tzca 17762 19 october 2023
Parties: Appellant: Weir Services Tanzania Limited; Respondent: Jacques Louis Bruwer
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 19 October 2023
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Constructive Dismissal, Procedural Irregularity, Oath Administration, Quasi Judicial Proceedings
Source Language: english

Labour Law Civil Procedure Constructive Dismissal Procedural Irregularity Oath Administration Quasi Judicial Proceedings

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Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 15 Party arguments 2 Amounts and remedies 1

Parties

Weir Services Tanzania Limited

Appellant

Jacques Louis Bruwer

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether failure to administer oath to witnesses vitiates CMA proceedings
2 Whether constructive termination was properly established

Ratio Decidendi

Court Disposition

appeal allowed

Orders

CMA proceedings and award nullified
High Court proceedings and judgment quashed

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