JUDGMENT OF THE COURT
1. The appellant, Selina Vukinu Ambe, is a human resources expert. In July 2008, the respondent, MDF-ESA, a training and consultancy firm, engaged her on a consultancy project to carry out staff assessment for the respondent’s client, Forum for African Women Educationists (FAWE) in Nairobi. Although a written contract dated 14th July 2008 setting out the terms and conditions of the consultancy engagement had been prepared, the respondent declined to sign it. She explained in her testimony that she refused to sign the contract because it contained a dispute resolution clause for arbitration in accordance with the Arbitration Ordinance of Tanzania, a jurisdiction with which she was not familiar. Nonetheless, although no written contract was executed, the parties went ahead with the engagement.
2. According to the appellant, the consultancy was to run from 14th July 2008 to 8th August 2008 for which she was to be paid 200 euros per day for 19 days making a total of 3,…