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Tanzania Case Law

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Labour law products of nature company limited dhidi ya eliabu isaack mwita 2023 tzhcld 1158 7 februari 2023

products of nature company limited dhidi ya eliabu isaack mwita 2023 tzhcld 1158 7 februari 2023

The court found that the Commission for Mediation and Arbitration (CMA) failed to properly determine whether the respondent was terminated or resigned, which is a prerequisite before assessing the fairness of termination. The matter was remitted to the CMA for proper determination of this core issue.

  • Employment relationship
  • Termination of employment
  • Arbitration award
  • Procedural fairness
  • Limitation period
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Labour law edward l mmbaga dhidi ya fmj hardware ltd 2022 tzhcld 1114 13 disemba 2022

edward l mmbaga dhidi ya fmj hardware ltd 2022 tzhcld 1114 13 disemba 2022

The court held that the governing contract was the fixed-term contract commencing 01.09.2020 and expiring 31.08.2021. The applicant was notified in advance of non-renewal, and the contract ended by effluxion of time, not by unlawful termination. Preliminary statements were not evidence as per the law. The application for revision lacked merit and was dismissed.

  • Employment contract
  • Fixed-term contract
  • Unfair termination
  • Arbitration award
  • Evidence admissibility
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Labour law stanbic bank vs martin kahimba and others 2020 tzhcld 3782 10 november 2020

stanbic bank vs martin kahimba and others 2020 tzhcld 3782 10 november 2020

The arbitrator failed to comply with mandatory requirements for an award by omitting a summary of evidence, arguments, and reasoning, resulting in a materially irregular and improperly procured award.

  • Unfair termination
  • Procedural irregularity
  • Arbitration award
  • Gross misconduct
  • Right to be heard
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Civil procedure DAVID JOSEPH MAHENDE VS AFRISCAN CONSTRUCTION CO

DAVID JOSEPH MAHENDE VS AFRISCAN CONSTRUCTION CO

Applicants are neither necessary nor proper parties to the original proceedings or the application for leave to appeal, having no locus standi as they were not parties to the arbitration or prior cases; their shareholding status is irrelevant to the current application.

  • Joinder of parties
  • Locus standi
  • Shareholder rights
  • Arbitration award
  • Interest calculation
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Labour law 20140529 TZHC Dar es Salaam

20140529 TZHC Dar es Salaam

The applicant failed to provide sufficient cause for the four-year delay in filing the dispute at the CMA. The CMA considered the evidence and correspondence but found no valid promises or justification for the delay. Limitation is a fundamental legal requirement, and the applicant did not act with due diligence. The CMA did not err in denying extension of time.

  • Limitation period
  • Extension of time
  • Arbitration award
  • Employment benefits
  • Jurisdiction
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Civil procedure 20031121 TZCA Dar es Salaam

20031121 TZCA Dar es Salaam

The Court of Appeal held that an appeal from a High Court decision under the Arbitration Ordinance required leave under section 5(1)(c). The appeal and notice of appeal were struck out.

  • Leave to appeal
  • Competency of appeal
  • Arbitration award
  • Appellate jurisdiction
  • Leave-to-appeal
  • Competency-of-appeal
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Contract law 19860604 TZCA Dar es Salaam

19860604 TZCA Dar es Salaam

The Court of Appeal upheld the validity of termination notices in a construction contract dispute, but sent the monetary award back for fresh assessment.

  • Breach of contract
  • Termination of contract
  • Arbitration award
  • Extension of time
  • Construction contracts
  • Construction-contracts
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.