Sahara Media Group Limited vs Anatory John (Civil Appeal No. 134 of 2020) [2023] TZCA 18031 (28 August 2023)

SAHARA MEDIA GROUP LIMITED VS ANATORY JOHN COURT OF APPEAL TANZ ANIA ( CORAM: MGONYA, J.A., WAMBALI, J.A., MAIGE, J.A. ) CIVIL APPEAL NO.134 OF 2020 (Appeal from the ruling and order of the High Court of Tanzania at Mwanza dated the 28th day of August, 2019 i n Revision Case No. 89 of 2018 ) Labour Law – Appeal – Procedural irregularities in arbitration – Nullity of proceedings due to inadmissible evidence – Remittal for rehearing. The Court of Appeal of Tanzania reviewed an appeal against the ruling of the High Court, which confirmed an award issued by the Commission for Mediation and Arbitration (CMA) but was later challenged. The case involved claims of unfair termination and cons tructive dismissal due to unpaid salaries by the appellant. At the CMA, the appellant’s counsel was treated as both an advocate and de facto witness, resulting in procedural irregularities as evidence was admitted without proper legal procedure, i.e., bein g under oath. The court had to decide on whether the proceedings before the Commission for Mediation and Arbitration (CMA) were proper given the handling of evidence by the appellant's counsel; what is the consequence of treating a statement by the appellant's advocate as testimony without following proper legal procedures; and whether the proceedings of the CMA and the High Court should be nullified due to the identified irregularities. Both parties' counsel agreed that such procedural irregularities were a nullity. H eld: (i) The court held that the proceedings before the CMA were improper and thus null due to the failure to follow proper procedure in taking evidence. The advocate’s statement was treated as testimony without being under oath, and this vitiated the proceedings. (ii) The court further held that both the CMA's award and the High Court's order, which confirmed this award, were founded on these flawed proceedings and thus were rendered null. (iii) The court affirmed that the proceedings after the closure of the respondent's case at the CMA were null, along with the proceedings of the High Court in Revision No. 89 of 2018. The court revised and nullified the proceedings of the CMA from the stage after the closure of the respondent's case on February 27, 2017, as well as the High Court proceedings in Revision No. 89 of 2018. The case file was remitted back to the CMA for hearing from the stated stage, with a new Arbitrator presiding. There were order as to costs. Statutory Provisions referred to : Section 4(2) Appellate Jurisdiction Act, Cap. 141 R.E. 2019 Rule 25(1) Labour Institutions (Mediation and Arbitration Guidelines) Rules, GN No. 67 of 2007 Cases referred to : Catholic University of Health and Allied Sciences (CUHAS) v. Epiphania Mkunde Athanase, Civil Appeal No. 257 of 2020 [2020] TZCA 1890 (TanzLII) Peter Jacob Weroma & Others v. AKO Group Limited, Civil Appeal No. 172 of 2021 [2023] TZCA 17295 (TanzLII)