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Tanzania Case Law

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Labour law MWANAHAWA OMARY HUSSEIN

MWANAHAWA OMARY HUSSEIN

Court
TANZLII

The arbitrator erred in dismissing the condonation application as time-barred because the application was filed within the period allowed for refiling the dispute after withdrawal. However, the application was incompetent as it did not conform to the withdrawal order, which required refiling the dispute, not seeking condonation. The applicants' procedural errors are excused in the interest of justice, and time to refile is extended.

Source excerpt

  • Withdrawal and refiling of disputes
  • Extension of time
  • Condonation applications
  • Misjoinder of parties
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Labour law Benedicto Inega

Benedicto Inega

Court
TANZLII

The mediator has no power to grant or dismiss applications for condonation; such powers are reserved for arbitrators. The proceedings and award by the mediator are nullified, and the condonation application must be heard by an arbitrator.

Source excerpt

  • Jurisdiction of mediator
  • Condonation applications
  • Statutory interpretation
  • Res judicata
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Labour law ELVIS PETER KASHAIJA V

ELVIS PETER KASHAIJA V

Court
TANZLII

The mediator lacked jurisdiction to determine the application for condonation; therefore, the proceedings and ruling were nullified and the matter remitted for proper determination by an arbitrator.

Source excerpt

  • Jurisdiction of mediator
  • Condonation applications
  • Employment termination
  • Procedure before cma
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Labour law DORMAN TANZANIA LIMITED V

DORMAN TANZANIA LIMITED V

Court
TANZLII

A mediator does not have jurisdiction to determine applications for condonation as their statutory powers are limited to facilitating settlement, not adjudicating legal issues. The proceedings and award by the mediator are nullified, and the condonation application must be heard by an arbitrator.

Source excerpt

  • Jurisdiction of mediator
  • Condonation applications
  • Labour dispute resolution
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Labour law TANZANIA PORTLAND CEMENT CO

TANZANIA PORTLAND CEMENT CO

Court
TANZLII

The request for recusal is based on perception, assumption, and imagination rather than plausible or substantiated grounds as required by law and judicial precedent. There is no evidence of bias, conflict of interest, or other valid reason for recusal. Granting recusal on such grounds would amount to abdication of judicial function and encourage forum shopping.

Source excerpt

  • Recusal of judicial officer
  • Condonation applications
  • Forum shopping
  • Impartiality of judiciary
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Labour law ELTON ELISHA NYAMTOGOTA V

ELTON ELISHA NYAMTOGOTA V

Court
TANZLII

The mediator lacked jurisdiction to determine and dismiss the application for condonation; the ruling was a nullity and must be quashed.

Source excerpt

  • Jurisdiction of mediator
  • Condonation applications
  • Employment termination
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Labour law vodacom tanzania limited vs elifurahap mtowe another 2023 tzca 17690 2 october 2023

vodacom tanzania limited vs elifurahap mtowe another 2023 tzca 17690 2 october 2023

Court
TZCA

The omission to serve the appellant with a copy of the application for condonation and notice of hearing deprived it of the right to be heard; therefore, the CMA's ex-parte award and the High Court's decision upholding it were erroneous and must be set aside.

Source excerpt

  • Service of process
  • Ex-parte proceedings
  • Right to be heard
  • Condonation applications
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Labour law tanzania cigarette public ltd co vs nancy mathew kombe 2023 tzhcld 1138 28 february 2023

tanzania cigarette public ltd co vs nancy mathew kombe 2023 tzhcld 1138 28 february 2023

Court
TANZLII

The mediator had no jurisdiction to grant condonation; all proceedings and the award based on such condonation are null and void. The matter must be remitted to the CMA for condonation to be properly heard by the arbitrator, followed by mediation and, if necessary, arbitration.

Source excerpt

  • Jurisdiction of mediator
  • Condonation applications
  • Unfair termination
  • Labour dispute procedure
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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.