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Tanzania decisions
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The respondent failed to advance sufficient and tangible grounds to justify recusal; allegations of bias are trivial, unsupported, and do not meet the legal test for judicial disqualification. Recusal would encourage forum shopping and undermine judicial function.
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The reasons advanced for recusal are flimsy and do not fall within the prescribed principles; no evidence of bias or conflict exists, and the current case is new. However, in the interest of justice, the judge recused himself.
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The High Court set aside an additional arbitral award for being time-barred and made without jurisdiction, while rejecting the allegation of bias.
The High Court considered a recusal request in an application for leave to appeal. Although the judge found the allegations baseless, he withdrew in the interests of justice.
The applicant was denied a fair hearing and the right to be heard before the punishment was enhanced to dismissal, in violation of statutory and regulatory requirements. The disciplinary proceedings and decisions were tainted by procedural irregularities and breaches of natural justice, rendering the dismissal unreasonable and unlawful. The court granted certiorari to quash the dismissal but declined mandamus as judicial review does not permit substitution of the disciplinary authority's decision.
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The High Court’s Commercial Division recused itself after plaintiffs alleged bias arising from procedural rulings, refusals of adjournment, and concerns over impleadment.
The High Court set aside an ex parte labour award after finding the same mediator improperly acted as arbitrator, creating a real risk of bias and breaching natural justice.
The High Court set aside a CMA ex parte award, holding that the same mediator should not have acted as arbitrator after mediating the dispute.
The appeal was dismissed because the evidence of the respondent was heavier, the appellant failed to call a material witness, both tribunals adhered to principles of natural justice, and allegations of bias were not substantiated. There was no misdirection or misapprehension of evidence to justify interference with concurrent findings.
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The Court of Appeal dismissed a criminal review application, holding the complaints were not manifest errors on the record and were really appeal grounds.
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