namtumbo district council vs ms olina investments 2013 tzhc 2161 29 october 2013

namtumbo district council vs ms olina investments 2013 tzhc 2161 29 october 2013

The court held that since the parties agreed to resolve disputes by arbitration and the defendant/petitioner is ready and willing to submit to arbitration, there is no reason to refuse the application for stay. The dispute must be referred to arbitration as per the contract and statutory provisions.

Citation
namtumbo district council vs ms olina investments 2013 tzhc 2161 29 october 2013
Parties
Plaintiff/respondent: Namtumbo District Council; Defendant/petitioner: M/S Olina Investments
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 October 2013
Procedural Posture
Civil / Ruling on Application for Stay of Proceedings
Outcome
Application for stay of proceedings granted.
Legal Topics
Agency Agreement, Arbitration Clause, Stay of Proceedings, Termination of Contract
Source Language
English
Contract Law Arbitration Agency Agreement Arbitration Clause Stay of Proceedings Termination of Contract

Case Brief

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Parties

Namtumbo District Council

Plaintiff/respondent

M/S Olina Investments

Defendant/petitioner

Procedural Posture

Civil / Ruling on Application for Stay of Proceedings

Legal Issues

  1. 1 Whether proceedings should be stayed to allow arbitration as per contract clause
  2. 2 Whether termination of contract precludes arbitration

Ratio Decidendi

The court held that since the parties agreed to resolve disputes by arbitration and the defendant/petitioner is ready and willing to submit to arbitration, there is no reason to refuse the application for stay. The dispute must be referred to arbitration as per the contract and statutory provisions.

Court Disposition

Application for stay of proceedings granted.

Orders

  • Proceedings in Civil Case No. 1 of 2013 stayed pending arbitration.
  • No order for costs.