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Citation
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Judgment date
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| March 2023 |
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A mediator lacks power to grant condonation; CMA proceedings and award quashed and remitted for proper arbitrator-led condonation and rehearing.
Labour law – Mediation v. arbitration – Mediator’s powers – Whether a mediator may grant condonation and restore CMA jurisdiction – Procedural requirements for condonation (CMA F2, affidavit, notice of opposition) – Confidentiality and limits of mediation – Remittal for proper adjudication.
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31 March 2023 |
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CMA proceedings nullified where condonation was undetermined and exhibits were not properly admitted, requiring rehearing de novo.
Labour law – jurisdiction – condonation – where condonation application filed but not determined, CMA lacked jurisdiction to hear the dispute. Evidence – documentary exhibits – proper tender and admission required; mere marking/signing is insufficient. Procedural fairness – failure to determine condonation and failure to admit exhibits properly vitiate proceedings and justify nullification and rehearing de novo.
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31 March 2023 |
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Execution application compelling enforcement dismissed because earlier court order barred execution of the revised CMA award; remedy is appeal.
Execution law – effect of prior court order on execution applications; Order XXI Rule 26 CPC – executing court bound by order of court that passed the decree; abuse of court process – pursuing execution of a revised award; proper remedy is appeal to Court of Appeal.
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31 March 2023 |
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Fixed-term employee unfairly dismissed after protesting salary deductions is entitled to remaining contract pay.
Employment law – unfair dismissal – substantive vs procedural fairness; fixed-term contract – entitlement to remaining contract pay upon substantive unfair termination; evidence – failure to call witnesses and submissions are not evidence; exclusion of weekends/public holidays in absenteeism allegations.
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31 March 2023 |
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Applicant’s attempt to restore execution was incompetently filed as a miscellaneous application instead of a revision and is struck out.
Civil procedure — competence of application — misnaming and wrong register — revision versus miscellaneous application. Execution — challenge to executing officer’s rulings — proper remedy and procedure. Interpretation — section 94(1) ELRA covers multiple remedies; specificity required. Labour Court Rules — applicability of Rules 35 and 38; Overriding Objective used to correct citation errors.
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31 March 2023 |
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CMA lacked jurisdiction because the employment contract was governed by the Public Service Act, rendering CMA proceedings a nullity.
Labour law; jurisdiction of CMA; employment contract governed by Public Service Act; estoppel to deny agreed governing law; jurisdictional objections can be raised at any time; nullity of proceedings and quashing of award.
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31 March 2023 |
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Whether the applicant was employed on a fixed-term contract or a permanent contract.
Employment law – classification of contract (fixed-term v. permanent) – written employment contract admitted as exhibit forms part of record and must be rebutted by admissible evidence; Evidence – once a document is admitted it cannot be displaced by uncorroborated oral assertions; Civil procedure – parties are bound by their pleadings; new legal characterizations not raised at trial/CMA cannot be introduced on revision; ELRA s.15 – employer's record-keeping obligations noted but absence of counter-evidence fatal to applicant.
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31 March 2023 |
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An employee with under six months’ service in a renewed fixed-term contract cannot pursue an unfair termination claim.
Labour law — fixed-term contracts — automatic renewal — length of service under renewed contract; Employment and Labour Relations Act s.35 — six months’ service threshold for unfair termination complaints; probation — requirement of evidence for extension; review of CMA award — correctness of outcome despite mischaracterisation of status.
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31 March 2023 |
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High Court nullified CMA proceedings and ordered fresh mediation/arbitration after procedural and jurisdictional irregularities.
Labour law – CMA procedure – mediator’s jurisdiction and competence to set aside ex‑parte awards; validity of CMA F6/non‑settlement certificate issued amid pending applications; time limits for referral to arbitration (30 days) and effect of arrest/forcible seizure of documents on computing delay; jurisdictional irregularities render CMA proceedings nullity and amenable to High Court correction.
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30 March 2023 |
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Failure to file CMA Form No.10 renders a revision application incompetent and subject to being struck out.
Labour procedure – Regulation 34(1), GN No.47/2017 – CMA Form No.10 (Notice of Intention to Seek Revision) – mandatory filing – effect of non-compliance – competence of High Court to hear revision.
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29 March 2023 |
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Applicants’ revision was dismissed as time-barred; Limitation Act s.19(2) does not exclude waiting for an extension order copy.
Labour law — revision application — time limitation — effect of court order extending time — Limitation Act Cap. 89 s.19(2) inapplicable to copy of order extending time — out-of-time applications to be dismissed.
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29 March 2023 |
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Application withdrawn; leave to refile refused for lack of proper basis and supporting evidence.
Procedural law; withdrawal of application — whether withdrawal with leave to refile should be granted; distinction between extension of time to appeal and leave to file revision out of time; requirement of evidential support for leave to refile; limitation law considerations.
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27 March 2023 |
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Ex parte revision set aside because service was not proved and the applicant was denied the right to be heard.
Civil procedure – service of summons – adequacy and proof of service – defective process server affidavit (wrong case reference, inconsistent dates, third‑party/alias signature) – right to be heard (audi alteram partem) – setting aside ex parte proceedings and rehearing inter partes; citation errors not necessarily fatal where jurisdiction exists.
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24 March 2023 |
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Applicant failed to prove breach of contract; tribunal properly relied on documentary evidence and quality of testimony.
Labour law – breach of employment contract – burden of proof lies on the party alleging breach. Evidence – quality versus quantity of witnesses – tribunal may rely on cogent documentary and oral evidence. Administrative tribunals – review of CMA award limited where arbitrator properly considered and weighed evidence. Use of attendance registers and contemporaneous documents as evidence of employment events.
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24 March 2023 |
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Labour Court lacked jurisdiction over a retired employee's social security/pension claim, which must be referred to the Social Security Division.
Labour Law – jurisdiction – whether Labour Court can entertain disputes over unpaid social security contributions where Social Security (Regulatory Division) Act confers jurisdiction on the Division. Statutory interpretation – definition of "complaint" under the Employment and Labour Relations Act and scope of section 94 jurisdiction. Public Service Act – exhaustion of internal remedies for public servants (section 32A) – applicability where claimant is retired. Procedural remedy – dismissal for want of jurisdiction vs striking out.
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24 March 2023 |
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Tribunal exceeded pleadings by deciding suspension (not pleaded) and awarding unclaimed reliefs; CMA award set aside.
Labour law – pleadings bound parties and tribunal – tribunal exceeded pleadings by determining suspension though referral alleged termination; award of unclaimed reliefs improper; suspension without pay does not equal constructive dismissal absent evidence.
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24 March 2023 |
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Exhibit improperly admitted and expunged; payments to a separate company do not discharge the debt; award reduced to Tshs.440,000.
Evidence – admission of documentary exhibits – necessity to read admitted exhibits aloud to ensure fair trial; expungement where not read. Company law – separate legal personality – payments to a related but distinct company do not discharge debtor’s obligation to the creditor company. Loan agreements – burden of proof for payments and receipts; proper proof required to reduce claimed debt. Contractual penalties – requirement for evidence of period and basis before imposing percentage penalties (25%).
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24 March 2023 |
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Whether the Labour Court may revise its Deputy Registrar’s decision; court held it lacks jurisdiction.
Labour Court — Jurisdiction to revise — Revision against Deputy Registrar’s decision — Interpretation of Rule 28(1) G.N. No.106/2007 — Deputy Registrar part of Labour Court under Written Laws (Misc. Amend.) Act No.3 of 2020 — Court cannot revise its own decisions.
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24 March 2023 |
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Failure to file the mandatory Regulation 34(1) notice renders a revision application incompetent and warrants striking out.
Labour law — Revision of CMA award — Mandatory notice of intention to seek revision (CMA F.10) — Regulation 34(1) G.N. No. 47 of 2017 — non-compliance renders application incompetent and liable to be struck out. Procedure — Misnomer — party misdescription may be amended; not a pure point of law. Affidavit — sworn by advocate without authority (raised but not determinative).
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23 March 2023 |
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Extension of time denied where four‑year delay was unexplained and alleged illegality was not apparent on the face of the CMA award.
Labour law – Revision of CMA award – Time limit for revision – s.91(1) ELRA (42 days). Civil procedure – Extension of time – Discretionary relief guided by Lyamuya principles: account for delay, inordinate delay, diligence, point of law, and apparent illegality. Illegality – Must be apparent on the face of the record to justify extension of time; not established where it requires further evidence or argument. Evidence – Admissibility of photocopies and oath of witnesses are matters requiring record scrutiny and objections; absence of objection undermines illegality claim. Condonation/time-bar – Allegation that condonation was unlawful must be particularized and apparent on record to negate time-bar.
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23 March 2023 |
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Labour revision struck out because chamber summons lacked Court seal, signature and date; CPC applied to fill procedural lacuna.
Labour procedure — Chamber summons formalities — Court seal, Registrar's signature and date — Application of Civil Procedure Code where Labour Rules silent — Preliminary objection — Striking out defective supporting affidavit — Leave to refile.
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23 March 2023 |
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Extension of time granted due to late governmental takeover and alleged illegality; improper affidavit paragraphs expunged.
Labour procedure – affidavit requirements (Rule 24(3)) – arguments and conclusions are not permissible in affidavits; offending paragraphs expunged. Extension of time – sufficient reasons – institutional takeover and late notification justify delay. Extension of time – illegality – alleged illegality (including jurisdictional challenge) may constitute sufficient ground for extension. Jurisdiction – CMA’s competence to determine pension arrears vs unpaid terminal benefits requires substantive hearing.
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23 March 2023 |
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Corporate veil lifted to order company director to satisfy CMA settlement after willful non-compliance.
Labour law – Enforcement of CMA settlements – Rule 17(2) Labour Institutions (Mediation and Arbitration Guidelines) Rules GN. No. 67/2007 – Lifting the corporate veil – Director’s personal liability where company willfully fails to comply – Essential service status does not shield from enforcement.
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22 March 2023 |
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Fixed-term contract expired automatically; no reasonable expectation of renewal, CMA award for unfair termination quashed.
Employment law – Fixed-term contracts – automatic expiry on agreed term – Rule 4(2) G.N. No. 42/2007. Employment law – Unfair termination – failure to renew fixed-term contract – requirement of reasonable expectation of renewal (s36(a)(iii) ELRA & Rule 4(4)). Procedural – notice of intention not to renew is not a notice of termination. Review – High Court’s revisional jurisdiction where CMA misapplies law and facts.
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22 March 2023 |
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Whether an allegedly expired work permit invalidates employment and correct salary computation in revision of a CMA award.
Labour law – Work and residence permit – factual issue vs preliminary point of law; CMA jurisdiction; suspension during employment; admissibility of secondary evidence in CMA; procedural compliance for tendering documents; salary computation – contract terms v. payslips; High Court revision of CMA award.
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21 March 2023 |
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Termination was substantively and procedurally unfair where post‑transfer discipline relied on unauthenticated Vodacom investigations and incomplete disclosure.
Labour law – unfair termination – substantive and procedural fairness; transfer of employment and disciplinary authority; admissibility/authentication of investigation reports (CDR, VPN); duty to serve full investigation report; compensation above statutory minimum.
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21 March 2023 |
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Court quashed CMA award and ordered retrial where record missing and reconstruction impossible to protect applicant's hearing rights.
Labour law; missing CMA record; inability to reconstruct proceedings; right to be heard; nullification of proceedings; quashing of award; trial de novo before different arbitrator.
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21 March 2023 |
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Improper admission of exhibits without opportunity to object vitiates the arbitration award and requires rehearing.
Evidence law – tendering and admission of exhibits at arbitration – failure to record prayers to tender or afford parties opportunity to object renders documents inadmissible; procedural irregularity vitiates award; remedy is nullification and rehearing de novo before a different arbitrator.
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20 March 2023 |
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Court set aside CMA compensation where employee abandoned post and breached fixed-term contract; employer’s counterclaims dismissed.
Labour law – Pleadings—distinction between breach of contract and unfair termination; burden of proof in arbitration; arbitrator’s discretion to frame and manage issues; entitlement to compensation where employee abandons post; assessment of cross-claims in employment disputes.
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20 March 2023 |
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Applicant imprisoned granted extension to appeal due to delay obtaining trial records while in custody.
Criminal procedure – extension of time to file appeal – delay due to inability to obtain judgment and proceedings while in custody – prison transfers and failure of prison officers to supply records as satisfactory reasons – court’s discretionary power to grant extension.
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17 March 2023 |
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17 March 2023 |
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Extension of time granted for revision where technical electronic refiling error caused the delay.
Labour law – extension of time – technical delay versus actual delay – requirement to account for every day of delay – electronic filing errors and language requirements – striking out and re-filing – authorities: Fortunatus Masha v Shija; Bank M (Tanzania) Ltd v Enock Mwakyusa.
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17 March 2023 |
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High Court dismissed revision because CMA correctly declined jurisdiction due to absence of a valid employment contract.
Labour law – jurisdiction of CMA depends on existence of a valid employment contract; where contract is void CMA lacks jurisdiction. Civil procedure – duty to decide framed issues but omission may be excused where tribunal lacks jurisdiction. Revision jurisdiction – High Court will not determine merits or step into the tribunal's shoes where jurisdictional finding remains unchallenged; relief confined to pleaded grounds.
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17 March 2023 |
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Extension of time granted where delay resulted from late supply of judgment and constraints of imprisonment.
Criminal procedure — Extension of time to file appeal — Delay caused by late supply of judgment and proceedings and incarceration — Court’s discretion to extend time — Precedents recognizing prison-related delay as sufficient cause.
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17 March 2023 |
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Employer failed to prove fraud; termination was substantively and procedurally unfair, but compensation reduced for proportionality.
Labour law – unfair termination – substantive and procedural fairness – admissibility and weight of evidence; pleadings – parties bound by pleadings; damages – unpleaded general damages/tort cannot be awarded; discretion in compensation – reduction for proportionality and public interest.
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17 March 2023 |
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16 March 2023 |
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An estate administrator may be joined to enforcement proceedings as administrator, not as an original award winner.
Labour law — Enforcement of award — Joinder of parties — Administrator of deceased award-winner to be joined in enforcement proceedings in representative capacity, not as original award-winner.
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16 March 2023 |
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Application struck out because applicant failed to comply with prior ruling, leaving the court functus officio.
Judicial review — leave to apply for prerogative orders; preliminary objections — functus officio; competence and jurisdiction; exhaustion of alternative remedies under s.55 Tanzania Civil Aviation Act; joinder of necessary parties; Article 13(6)(a) Constitution.
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16 March 2023 |
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Probationary employees remained unconfirmed; employer failed procedural termination requirements, entitling employees to one month’s compensation.
Employment law – probationary employees – effect of probation clause in operative contract and application of Section 35 ELRA; Employment law – procedural requirements for terminating probationary employees under Rule 10(7)–(9) of G.N. No. 42/2007; Evidence – need for corroboration of employer’s claim of voluntary agreement to terminate; Remedies – foreseeability principle applied to award compensation for unexpired probationary term; Civil procedure – revision of CMA award for procedural unfairness.
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15 March 2023 |
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Applicant appointed administrator of intestate estate; ordered to file inventory and final account and to pay debts and distribute residue.
Probate — Appointment of administrator under s.46 Probate and Administration of the Estate Act; replacement of deceased administratrix; duties imposed — collect estate; file inventory within four months; pay debts and distribute residue; file final account within six months.
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15 March 2023 |
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Company name change does not defeat employer status, but dismissal was procedurally unfair; award varied to three months' pay.
Labour law – employer identity and change of company name – Companies Act s.31(4) – unchallenged oral evidence suffices to establish name change; Dismissal – reason (abscondment) accepted as potentially fair; Procedure – employer must prove disciplinary steps, Rule 13(11) GN No.42/2007 applies only in exceptional circumstances; Remedy – procedural unfairness attracts limited compensation (three months).
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15 March 2023 |
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A court will not grant extension to relitigate a matter previously dismissed; application dismissed and preliminary objection upheld.
Labour law – competence of proceedings – extension of time – whether court may grant extension to relitigate a matter previously dismissed for being time-barred; res judicata/ functus officio – reliance on East Africa Development Bank v Blue Line Enterprises.
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14 March 2023 |
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Court granted short extension due to arguable jurisdictional illegality despite applicant’s negligence.
Extension of time – restoration of dismissed revision – applicant’s negligence and lack of counsel – internal Solicitor General delays – jurisdiction of CMA re: public servant – res judicata – illegality as ground for extension (Lyamuya principle).
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14 March 2023 |
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Termination was substantively fair but procedurally unfair for failure to supply the investigation report; compensation reduced to six months.
Employment law – unfair termination – substantive fairness (misconduct: falsification and conducting personal business on employer premises); procedural fairness – duty to conduct investigation and supply investigation report to employee; mitigation of compensation where reasons valid but procedure defective; application for revision of CMA award.
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13 March 2023 |
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Whether a JP confession and identification, corroborated by discovered exhibits, proved murder beyond reasonable doubt.
Murder — malice aforethought (Penal Code ss.196,197,200); admissibility and corroboration of confessions (Evidence Act ss.28,29,31); discovery doctrine — confession leading to seizure; identification parade and Waziri Amani safeguards; chain‑of‑custody concerns for DNA evidence; circumstantial evidence tests (Ndalahwa Shilaga).
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13 March 2023 |
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A CMA Mediator may decide jurisdictional preliminaries, and a prior CMA consent settlement bars relitigation (res judicata).
Labour law – Mediator’s jurisdiction to determine jurisdictional preliminary objections (including res judicata); res judicata where CMA consent settlement terminates employment by agreement; hybrid mediation–arbitration powers under LIA and ELRA; finality of consent settlements at CMA.
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13 March 2023 |
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Mediator may determine jurisdictional preliminary objections; consent mediation settlement can render subsequent claim res judicata.
Labour law — Mediator jurisdiction to decide preliminary and jurisdictional objections under ELRA/LIA; res judicata — binding force of consent settlement reached at CMA; termination by agreement — effect of mediated consent orders.
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13 March 2023 |
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A Rule 10 non‑settlement order before the Deputy Registrar vests the Labour Court with jurisdiction to hear CBA implementation claims.
Labour Court – jurisdiction to entertain disputes after CMA mediation; pre‑trial mediation under Rule 10 GN. No.106/2007; effect of non‑settlement order signed by Deputy Registrar; enforcement/implementation of collective bargaining agreements; claims of unpaid benefits and discrimination.
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13 March 2023 |
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An arbitrator lacked jurisdiction to determine a dispute already struck out; the correct route is an application to restore it.
Labour law – struck-out disputes – jurisdiction of conciliator/arbitrator to hear matters already struck out – procedure to restore or reopen disputes struck out for want of prosecution – extension of time vs application for reinstatement.
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13 March 2023 |
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Technical procedural defects that led to a struck-out appeal can justify an extension of time to file a fresh appeal.
Civil procedure – extension of time – technical delay caused by procedural defects in earlier appeals can constitute sufficient cause for extension. Appeal struck out for incompetence – strike-out renders appeal ineffectual but does not bar refiling a fresh appeal subject to time limits. Court of Appeal Rules – Rule 96(7) and (8) on supplementary records do not preclude a fresh application where previous appeal was struck out.
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10 March 2023 |