ministry of agriculture food security and co operatives another vs african construction co ltd 2007 tzhccomd 47 2 march 2007

ministry of agriculture food security and co operatives another vs african construction co ltd 2007 tzhccomd 47 2 march 2007

The petition was filed outside the 30-day limitation period prescribed by item 2 of Part III of the First Schedule to the Law of Limitation Act for setting aside an arbitral award. Consequently, the petition is time-barred and must be dismissed under Section 3(1) of the Law of Limitation Act.

Citation
ministry of agriculture food security and co operatives another vs african construction co ltd 2007 tzhccomd 47 2 march 2007
Parties
Petitioner: Ministry of Agriculture, Food Security and Co-operatives; Petitioner: Hon. Attorney General; Respondent: Afriscan Construction Co. Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
2 March 2007
Procedural Posture
Miscellaneous Commercial Application / Ruling on Preliminary Objections
Outcome
Petition dismissed as time-barred
Legal Topics
Setting Aside Arbitral Award, Limitation Period for Applications, Withdrawal of Petitions, Estoppel by Withdrawal
Source Language
English
Arbitration Civil Procedure Limitation of Actions Setting Aside Arbitral Award Limitation Period for Applications Withdrawal of Petitions Estoppel by Withdrawal

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Parties

Ministry of Agriculture, Food Security and Co-operatives

Petitioner

Hon. Attorney General

Petitioner

Afriscan Construction Co. Limited

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the petition to set aside the arbitral award was filed within the prescribed limitation period
  2. 2 Whether withdrawal of an earlier petition without liberty bars the present petition
  3. 3 Whether failure to annex the award or submission renders the petition incompetent

Ratio Decidendi

The petition was filed outside the 30-day limitation period prescribed by item 2 of Part III of the First Schedule to the Law of Limitation Act for setting aside an arbitral award. Consequently, the petition is time-barred and must be dismissed under Section 3(1) of the Law of Limitation Act.

Court Disposition

Petition dismissed as time-barred

Orders

  • Petition dismissed for being filed out of time
  • Respondent awarded costs