tresury registrar vs acgomez 1997 ltd 2019 tzhccomd 164 26 september 2019

tresury registrar vs acgomez 1997 ltd 2019 tzhccomd 164 26 september 2019

The arbitration proceedings and the award were improperly procured because the mandatory statutory requirement to notify and involve the Attorney General in proceedings against the Treasury Registrar was not complied with. This omission constituted misconduct by the arbitrators and rendered the award and proceedings a nullity.

Citation
tresury registrar vs acgomez 1997 ltd 2019 tzhccomd 164 26 september 2019
Parties
Petitioner: Treasury Registrar; Respondent: A.C. Gomez (1997) Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
26 September 2019
Procedural Posture
Miscellaneous Commercial Application / Ruling on Petition to Set Aside Arbitral Award
Outcome
Petition allowed; arbitral award and costs set aside
Legal Topics
Setting Aside Arbitral Awards, Attorney General's Involvement in Public Property Disputes, Retrospective Application of Statutes, Doctrine of Estoppel
Source Language
English
Arbitration Administrative Law Public Law Setting Aside Arbitral Awards Attorney General's Involvement in Public Property Disputes Retrospective Application of Statutes Doctrine of Estoppel

Case Brief

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Parties

Treasury Registrar

Petitioner

A.C. Gomez (1997) Limited

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Petition to Set Aside Arbitral Award

Legal Issues

  1. 1 Whether the arbitral award was improperly procured due to non-involvement of the Attorney General as required by law
  2. 2 Whether the amendments to the Treasury Registrar Act applied retrospectively to the arbitration proceedings
  3. 3 Whether the arbitrators committed misconduct by proceeding without AG's involvement

Ratio Decidendi

The arbitration proceedings and the award were improperly procured because the mandatory statutory requirement to notify and involve the Attorney General in proceedings against the Treasury Registrar was not complied with. This omission constituted misconduct by the arbitrators and rendered the award and proceedings a nullity.

Court Disposition

Petition allowed; arbitral award and costs set aside

Orders

  • The arbitral award dated 31st July, 2017 is set aside
  • Costs awarded by the arbitrators are set aside