Tanzania Case Law

PROGUARDS SECURITY SERVICES LTD V

Court

TANZLII

The arbitrator's failure to afford parties the right to comment before starting proceedings afresh and raising limitation of time at the award stage, after the issue had already been determined, vitiated the proceedings. The arbitrator was functus officio on the limitation issue. The proceedings and award are nullified and the matter is remitted for rehearing from the point of recusal.

Source excerpt

• Unfair termination
• Time limitation
• Right to be heard
• Functus officio
• Arbitral procedure

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wasafi fm co ltd vs kanky p mwaigomole 2023 tzhcld 1405 30 august 2023

Court

TANZLII

The High Court set aside a CMA award after finding the dispute was improperly filed, unmediated issues were heard, and the arbitrator relied on an untendered document.

• Termination of employment
• Breach of contract
• Probationary employment
• Mediation procedure
• Arbitral procedure
• Jurisdiction

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T BUILDING WORK LTD VS HIGHER EDUCATION STUDENTS LOAN BOARD MISC

Court

TANZLII

The arbitrator committed a serious irregularity by failing to record or provide minutes or proceedings as required by law and as understood by both parties. There was no evidence that the parties agreed to dispense with such records. The absence of proceedings or minutes deprived both parties of the ability to enforce or challenge the award in court. The irregularity was fundamental and affected the fairness of the arbitral process. Remitting the award for reconsideration was inappropriate due to the absence of any record of proceedings; thus, the award was set aside in whole.

Source excerpt

• Setting aside arbitral award
• Serious irregularity
• Arbitral procedure
• Record of proceedings
• Party autonomy
• Remittance of award

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arab contractors osman ahmed osman co another vs bharya engineering co ltd becco another 2022 tzhccomd 344 4 november 2022

Court

TZHCCOMD

The High Court nullified ongoing arbitral proceedings after finding the arbitrator breached natural justice by overruling an objection without hearing the parties.

• Removal of arbitrator
• Natural justice
• Impartiality of arbitrator
• Right to be heard
• Arbitral procedure
• Arbitration

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