SNV Netherlands Development Organization Tanzania vs Anne Fidelis (Civil Appeal No. 198 of 2019) [2022] TZCA 3118 (14 July 2022)

SNV NETHERLANDS DEVELOPMENT ORGANIZATION TANZANIA VS. ANNE FIDELIS COURT OF APPEAL OF TANZANIA AT MWANZA (CORAM: MUGASHA, KEREFU, KIHWELO, JJ.A.) CIVIL APPEAL NO. 198 OF 2019 (From the Decision of the High Court of Tanzania, Labour Division at Mwanza dated the 14 th day of May, 2019 in Labour Revision No. 60 of 2018) Civil Practice and procedure-hearing of the case-testimonies of witnesses received without oath or affirmation-whether the omission to do so vitiates proceedings The appellant, SNV Netherlands Development Organization Tanzania, appealed against the decision of the High Court of Tanzania, Labour Division (Rumanyika, J, as he then was) dated 14th May, 2019 in Labour Revision No. 60 of 2018 challenging the award issued by the Commission for Mediation and Arbitration of Mwanza (the CMA) on 31st July, 2018 in favour of Anne Fidelis, the respondent herein, in Labour Dispute No. CMA/MZ/NYAM/ARB/138/2017 (the Labour dispute). When the appeal was called for hearing, the Court wanted to satisfy itself on the propriety or otherwise of the proceedings before the CMA taking into account that testimonies of all witnesses for both parties were received without oath or affirmation contrary to the mandatory provisions of the law. As such, the Court invited the counsel for the parties to address it on that issue. Held: (i) The Court held that it was mandatory for every witness who is competent, to take oath or affirmation before the reception of his or her evidence in the trial court including the CMA. If such evidence is received without oath or affirmation, it amounts to no evidence in law and thus it becomes invalid and vitiates the proceedings as it prejudices the parties' case. Appeal was allowed. Statutory Provisions referred to: (i) Labour Institutions (Mediation and Arbitration Guidelines) Rules, GN No. 67 of 2007 Rule 19(2) (a) and 25 (1). (ii) The Oaths and Statutory Declarations Act, Cap. 34 R.E 2019 Sections 2 and 4. (iii) The National Defence Act, No 24 of 1966. (iv) The Appellate Jurisdiction Act, Cap. 141 R.E 2019. Cases referred to: (i) Hamisi Chuma @ Hando Mhoja and Another v. Republic, Criminal Appeal No. 371 of 2015. (ii) Catholic University of Health and Allied Science (CUHAS) v. Epiphania Mkunde Athanase, Civil Appeal No. 257 of 2020. Mr. Innocent Michael for the appellant. Mr. Joseph Kinango, learned Advocate for the Respondent.