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Tanzania Case Law

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Labour law ndaro bwiru songora vs mwinuko secondary school 2024 tzhc 123 6 february 2024

ndaro bwiru songora vs mwinuko secondary school 2024 tzhc 123 6 february 2024

Court
TZHC

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
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Labour law REV NO 2334 OF 2024 EFC TANZANIA MICROFINANCE LIMITED VRS ADVERA N

REV NO 2334 OF 2024 EFC TANZANIA MICROFINANCE LIMITED VRS ADVERA N

Court
TANZLII

Applicant failed to prove valid reason for termination and did not follow required procedures, including providing sufficient notice and opportunity for representation. No tangible evidence was provided to justify arbitrator's recusal. Mediation was not subject to retrial as only arbitration proceedings were challenged. CMA award stands.

Source excerpt

  • Unfair termination
  • Procedural fairness
  • Recusal of arbitrator
  • Mediation vs arbitration
  • Fixed term contract
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Labour law CIVIL APPEAL NO

CIVIL APPEAL NO

Court
TANZLII

The High Court erred by revising the ex-parte decision without first revising the refusal to set aside the ex-parte decision; lack of proof of service meant the arbitrator had no justification to proceed ex-parte; the application for revision was omnibus and thus improper, but the appeal is allowed to the extent that both parties must be heard afresh by the CMA.

Source excerpt

  • Ex-parte proceedings
  • Revision
  • Proof of service
  • Mediation vs arbitration
  • Omnibus applications
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.