20090828 TZHC Dar es Salaam

20090828 TZHC Dar es Salaam

The Arbitration Act and Rules do not provide for appellate procedures such as applications for leave to appeal. Therefore, such applications are properly brought under the Appellate Jurisdiction Act and Tanzania Court of Appeal Rules, not under the Arbitration Rules. The preliminary objection fails as the application was properly brought.

Citation
20090828 TZHC Dar es Salaam
Parties
Applicant: East African Development Bank; Respondent: Blueline Enterprises Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 August 2009
Procedural Posture
Miscellaneous Civil Cause / Ruling on Preliminary Objection to Application for Leave to Appeal
Outcome
Preliminary objection overruled
Legal Topics
Leave to Appeal, Arbitration Procedure, Application Form Requirements, Conflict of Procedural Rules
Source Language
English
Civil Procedure Arbitration Leave to Appeal Arbitration Procedure Application Form Requirements Conflict of Procedural Rules

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Parties

East African Development Bank

Applicant

Blueline Enterprises Ltd

Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Objection to Application for Leave to Appeal

Legal Issues

  1. 1 Whether an application for leave to appeal arising from arbitration proceedings must comply with Arbitration Rules 1957 rr.5 and 6 or may be brought under the Appellate Jurisdiction Act and Tanzania Court of Appeal Rules

Ratio Decidendi

The Arbitration Act and Rules do not provide for appellate procedures such as applications for leave to appeal. Therefore, such applications are properly brought under the Appellate Jurisdiction Act and Tanzania Court of Appeal Rules, not under the Arbitration Rules. The preliminary objection fails as the application was properly brought.

Court Disposition

Preliminary objection overruled

Orders

  • Application for leave to appeal found properly brought under the Appellate Jurisdiction Act and Tanzania Court of Appeal Rules
  • Costs in the cause