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The Court of Appeal nullified CMA and High Court proceedings because witnesses in the labour dispute were not sworn, and remitted the matter for rehearing.
Failure to administer oath or affirmation to witnesses before the CMA is a fatal procedural irregularity that vitiates the proceedings and award, requiring the matter to be remitted for retrial before another arbitrator.
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Failure to administer oath to witnesses in CMA proceedings renders the proceedings irregular and illegal, requiring nullification and retrial.
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Evidence received by the CMA without oath or affirmation is invalid, vitiating the proceedings and award; the only remedy is to quash the proceedings and remit the matter for a fresh hearing before another arbitrator.
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The appellate court's finding that PW1 Ulf Nilsson was not sworn was erroneous; electronic records confirm he gave evidence under oath. This manifest error resulted in miscarriage of justice, warranting review under Rule 66(1)(a).
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The omission to administer oath to witnesses before the CMA vitiated the proceedings, rendering the evidence invalid and necessitating quashing of the proceedings and remitting the matter for a fresh hearing.
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