MWANAHAWA OMARY HUSSEIN
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