20170522 TZHC Arusha
The suit was prematurely filed without first submitting the dispute to arbitration as required by the loan agreement's arbitration clause; therefore, the application is struck out.
- Citation
- 20170522 TZHC Arusha
- Parties
- Plaintiff: Alfred T. Mart; Plaintiff: Elimina J. Makoy; Plaintiff: Losieku Stephen; Defendant: Jibu Group Company Ltd
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 22 May 2017
- Procedural Posture
- Civil / Preliminary Objection Ruling
- Outcome
- application struck out
- Legal Topics
- Arbitration Clause, Jurisdiction, Stay of Proceedings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Alfred T. Mart
Plaintiff
Elimina J. Makoy
Plaintiff
Losieku Stephen
Plaintiff
Jibu Group Company Ltd
Defendant
Procedural Posture
Civil / Preliminary Objection Ruling
Legal Issues
- 1 Whether the suit was prematurely instituted in breach of the arbitration clause in the loan agreement
- 2 Whether the court has jurisdiction before arbitration is attempted
Ratio Decidendi
The suit was prematurely filed without first submitting the dispute to arbitration as required by the loan agreement's arbitration clause; therefore, the application is struck out.
Court Disposition
application struck out
Orders
- Application struck out for being prematurely filed without submitting to arbitration first as required by the arbitration clause.
- No order as to costs.
Full Case Text
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