ndaro bwiru songora vs mwinuko secondary school 2024 tzhc 123 6 february 2024
The CMA and its mediators have no jurisdiction to issue ex-parte awards in disputes (such as termination) as opposed to complaints. The ex-parte award issued by the CMA was ultra vires and must be set aside. The subsequent decision of the CMA setting aside its own ex-parte award is rendered moot. The matter must be remitted to the CMA to proceed from the stage before the ex-parte award.
Source excerpt
- Jurisdiction of cma
- Ex-parte awards
- Mediation vs arbitration
- Functus officio
- Time limitation for setting aside awards