Tanzania Case Law

tanzania breweries limited vs leo kobelo 2024 tzca 57 19 february 2024

Court

TZCA

The appellant failed to prove that the respondent was aware of or had agreed to performance standards, and did not serve warning letters as required by law. The procedure for termination on grounds of poor work performance was not followed, rendering the termination both substantively and procedurally unfair. The successor arbitrator gave reasons for taking over, satisfying the legal requirement. The order of reinstatement was proper under the law, with compensation as an alternative if reinstatement is impracticable.

Source excerpt

• Unfair termination
• Employment standards
• Reinstatement
• Procedural fairness
• Burden of proof in termination
• Arbitration procedure

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RAMANI

Court

TANZLII

The petitioner failed to substantiate claims of bias or procedural misconduct by the arbitrator; mere dissatisfaction with the arbitrator's comments or insistence on clarity does not amount to bias. No reasonable apprehension of bias was established.

Source excerpt

• Removal of arbitrator
• Impartiality of arbitrator
• Arbitration procedure

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REV NO 17918 OF 2024 AKO GROUP LIMITED VRS ROSEMUNDA JAMES MISANGIAH

Court

TANZLII

The Applicant was properly served with summons for the arbitration hearing and failed to appear without sufficient justification. The Arbitrator provided reasons for the decision, and the Applicant's right to be heard was not violated. There is no justifiable reason to fault the Arbitrator's findings or set aside the ex-parte award.

Source excerpt

• Setting aside ex-parte award
• Service of summons
• Right to be heard
• Arbitration procedure

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SELEMANI OMARY SHABANI V

Court

TANZLII

The CMA proceedings and award were fatally irregular because the High Court's order for a hearing on merits before a different arbitrator was not complied with, and not all disputes were mediated as required by law. The successor arbitrator erred by composing an award based on prior evidence rather than hearing evidence afresh. Overtime claims were not specifically pleaded and cannot be implied. The irregularities vitiated the entire proceedings and award.

Source excerpt

• Unfair termination
• Mediation procedure
• Arbitration procedure
• Compliance with court orders
• Pleadings specificity

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kebbys hotel vs joseph maina 2023 tzhcld 1411 6 september 2023

Court

TANZLII

The High Court set aside a CMA award after finding the arbitrator failed to determine a preliminary objection on time limitation, amounting to a fatal irregularity.

• Time limitation
• Jurisdiction
• Right to be heard
• Arbitration procedure
• Labour-law
• Time-limitation

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cordura ltd vs mikumi wilderness camp ltd 2023 tzhccomd 132 5 may 2023

Court

TZHCCOMD

The High Court struck out a petition in an arbitration matter, holding it was time-barred and fatally defective for non-joinder of a necessary party.

• Preliminary objections
• Limitation period
• Non-joinder of necessary party
• Right to be heard
• Arbitration procedure
• Arbitration

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kiribo ltd vs kanu equipment t ltd 2023 tzhccomd 91 27 march 2023

Court

TZHCCOMD

The High Court Commercial Division marked a commercial reference withdrawn at the applicant’s instance and declined to grant leave to refile, with no order as to costs.

• Withdrawal of application
• Leave to refile
• Arbitration procedure
• Withdrawal-of-application
• Leave-to-refile
• Arbitration-procedure

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Ruling Miscellaneous Civil Application No

Court

TANZLII

The application was struck out because it was not filed in the form of a petition as mandatorily required by Regulation 63(1)(a) of the Arbitration (Rules of Procedure) Regulations, 2021. The overriding objective principle cannot be used to cure this non-compliance with a mandatory procedural requirement.

Source excerpt

• Preliminary objection
• Arbitration procedure
• Overriding objective
• Res judicata

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REV

Court

TANZLII

Due to missing records and benefit of doubt, and considering applicant's persistent pursuit of rights, extension of time is granted for interest of justice.

Source excerpt

• Extension of time
• Condonation
• Written submissions
• Arbitration procedure

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takims holidays tours and safaris ltd vs mwajuma r kuduga 2022 tzhcld 1038 21 october 2022

Court

TANZLII

The CMA award was tainted by material irregularities as the arbitrator failed to frame and address the core issue of whether the respondent was terminated or resigned, did not evaluate evidence or summarize parties' arguments, and failed to comply with mandatory procedural rules. These defects warranted revision and setting aside of the award.

Source excerpt

• Unfair termination
• Arbitration procedure
• Timeliness of claims
• Representation before cma

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