| dc.description | IN THE COURT OF APPEAL OF TANZANIA AT SHINYANGA CORAM: MKUYE, J.A., GALEBA. J,A„ And KAIRO. J .A CIVIL APPEAL NO. 105 OF 2021
BULYANHULU GOLD MINES LIMITED VS. KENETH ROBERT FOURIE.
[Appeal from the Decision of the High Court of Tanzania (Labour Division)
at Shinyanga]
(Mkwizu. J.)
Labour disputes-Evidences and testimonies-Mandatory requirements before testimonies-whether Un sworn testimonies is valid in the eyes of law. Requirement of taking an oath before adducing of any evidences before the court of law.
In this appeal, Bulyanhulu Gold Mines Limited, the appellant employed Kenneth Robert Fourie, the respondent as a Fixed Plant Maintenance Specialist for a fixed term of 24 months effective 1st July 2017. It however, transpired that about thirteen (13) months later, on 31st August, 2018, the respondent was terminated on grounds of ill health. He was aggrieved by the termination and by a CMA F. 1, signed i on 18th September 2018, he instituted Labour Dispute No. RF/CMA/SHY/KHM/205/2018 In the Commission for Mediation and Arbitration at Shinyanga (the CMA), praying for payment of a total of United States Dollars 484,902.00. In this appeal, the appellant raised 3 grounds of appeal, but for reasons that will become obvious in the course of this judgment, the court of appeal only entertained the first ground of appeal which is a complaint that: "That the Learned High Court Judge erred in law in upholding the award of the Commission for Mediation and Arbitration which is based on unsworn testimony."
HELD
The court was on the view that it is appropriate, to lay ground as for this Court's position generally, on issues of taking evidence from witnesses in all courts. Before taking evidence from a witness in a court of law, it is mandatory for a judicial officer presiding over the proceedings to administer oath to a witness before the latter can adduce his or her evidence. "It is now clear that the law makes it mandatory for the witnesses giving evidence in court to do so under oath. It follows therefore that the omission by the witnesses to take oath before giving evidence in this case is fatal and it vitiates the proceedings."
this appeal is allowed based on the first ground of appeal
Statutory provision
Mediation and Arbitration Rules read together with section 4 (a) of the Oaths and Statutory Declarations Act, [Cap 34 R.E. 2019]
The Law of Evidence Act.
Cases referred.
Attu 3. Myna v. CFAO Motors Tanzania Limited, Civil Appeal No. 269 of 2021 (unreported).
Tanzania Portland Cement Co. Ltd v. EkwasiMajigo, Civil Appeal No. 173 of 2019
The Copycat Tanzania Limited v. Mariam Chamba, Civii Appeal No. 404 of 2020 (both un re ported)
SNV Netherlands Development Organization Tanzania v. Anne Fidelis, Civil Appeal No. 198 of 2019 (unreported)
Capital Drilling (T) v. Alex BarthazaliKabendera, Civil Appeal No. 370 Of 2019 (unreported)
Catholic University of Health and Allied Sciences (CUHAS) v. EpiphaniaMkundeAthanase, Civil Appeal No. 257 of 2020 (unreported). | en_US |
