20110906 TZHC Dar es Salaam

20110906 TZHC Dar es Salaam

Petitioners/Interested Parties lacked locus standi as they were not parties to the arbitration agreement or proceedings, and failed to establish a legal right or interest recognized by law to challenge the arbitral award. The Petitions were also fatally defective for non-compliance with mandatory procedural requirements, including failure to annex the arbitration submission and award, and failure to follow representative action procedures. Accordingly, the Petitions were struck out as incompetent.

Citation
20110906 TZHC Dar es Salaam
Parties
1st Petitioner/interested Party: Legal and Human Rights Centre (LHRC); 2nd Petitioner/interested Party: Lawyers Environment Action Team (LEAT); 3rd Petitioner/interested Party: Sikika Company Limited (SCL); 4th Petitioner/interested Party: Timothy Alvin Kahoho; 1st Respondent: Dowans Tanzania Limited (Tanzania); 2nd Respondent: Dowans Holdings SA (Costa Rica); 3rd Respondent: Tanzania Electric Supply Limited (TANESCO)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 September 2011
Procedural Posture
Miscellaneous Civil Application (arbitration) / Ruling on Preliminary Objections
Outcome
Petitions struck out as incompetent for lack of locus standi and procedural non-compliance.
Legal Topics
Locus Standi, Public Interest Litigation, Enforcement of Arbitral Awards, Representative Actions, Preliminary Objections
Source Language
English
Arbitration Civil Procedure Locus Standi Public Interest Litigation Enforcement of Arbitral Awards Representative Actions Preliminary Objections

Case Brief

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Parties

Legal and Human Rights Centre (LHRC)

1st Petitioner/interested Party

Lawyers Environment Action Team (LEAT)

2nd Petitioner/interested Party

Sikika Company Limited (SCL)

3rd Petitioner/interested Party

Timothy Alvin Kahoho

4th Petitioner/interested Party

Dowans Tanzania Limited (Tanzania)

1st Respondent

Dowans Holdings SA (Costa Rica)

2nd Respondent

Tanzania Electric Supply Limited (TANESCO)

3rd Respondent

Procedural Posture

Miscellaneous Civil Application (arbitration) / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the Petitioners/Interested Parties have locus standi to challenge the registration of the ICC arbitral award
  2. 2 Whether the Petitions comply with mandatory procedural requirements under the Arbitration Act and Civil Procedure Code
  3. 3 Whether the Petitions are competent for failure to attach required documents

Ratio Decidendi

Petitioners/Interested Parties lacked locus standi as they were not parties to the arbitration agreement or proceedings, and failed to establish a legal right or interest recognized by law to challenge the arbitral award. The Petitions were also fatally defective for non-compliance with mandatory procedural requirements, including failure to annex the arbitration submission and award, and failure to follow representative action procedures. Accordingly, the Petitions were struck out as incompetent.

Court Disposition

Petitions struck out as incompetent for lack of locus standi and procedural non-compliance.

Orders

  • Both Petitions by the Petitioners/Interested Parties are struck out with costs.