20170419 TZHC Dar es Salaam

20170419 TZHC Dar es Salaam

The application did not comply with Rule 20(2) of the Civil Procedure (Arbitration) Rules, as it was not registered as a civil suit between the applicant as plaintiff and the other parties as defendants; therefore, the application is incompetent and must be struck out.

Citation
20170419 TZHC Dar es Salaam
Parties
Petitioner: Nagat Ahmad Mohamed Mukhtar; Respondent: Abdulrahman Sharif Mahmoud
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 April 2017
Procedural Posture
Miscellaneous Civil Cause / Ruling on Preliminary Issue
Outcome
application struck out
Legal Topics
Registration of Arbitration Award, Procedure for Filing Arbitration Award, Competency of Application
Source Language
English
Arbitration Civil Procedure Registration of Arbitration Award Procedure for Filing Arbitration Award Competency of Application

Case Brief

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Parties

Nagat Ahmad Mohamed Mukhtar

Petitioner

Abdulrahman Sharif Mahmoud

Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Issue

Legal Issues

  1. 1 Whether the application for registration of the arbitration award was properly filed under the relevant legal provisions
  2. 2 Whether the application complied with the procedural requirements under the Civil Procedure (Arbitration) Rules

Ratio Decidendi

The application did not comply with Rule 20(2) of the Civil Procedure (Arbitration) Rules, as it was not registered as a civil suit between the applicant as plaintiff and the other parties as defendants; therefore, the application is incompetent and must be struck out.

Court Disposition

application struck out

Orders

  • The application is struck out.
  • No order as to costs.