hon attorney general and another vs amani centre for street children 2022 tzhc 15124 12 december 2022

hon attorney general and another vs amani centre for street children 2022 tzhc 15124 12 december 2022

The matter was prematurely brought before the court as the determination of disputed arbitration costs is within the exclusive discretion of the arbitrator. The court remits the disputed issues regarding arbitration costs back to the arbitrator for determination and a fresh award within three months. The suit is stayed pending the arbitrator's decision.

Citation
hon attorney general and another vs amani centre for street children 2022 tzhc 15124 12 december 2022
Parties
1st Plaintiff: Hon. Attorney General; 2nd Plaintiff: National Construction Council; Defendant: Amani Centre for Street Children
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 December 2022
Procedural Posture
Civil Case / Judgment
Outcome
Suit stayed and issues remitted to arbitrator
Legal Topics
Arbitration Costs, Breach of Duty, Remittance to Arbitrator, Functus Officio, Interest on Judgment Debt
Source Language
English
Arbitration Civil Procedure Contract Law Arbitration Costs Breach of Duty Remittance to Arbitrator Functus Officio Interest on Judgment Debt

Case Brief

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Parties

Hon. Attorney General

1st Plaintiff

National Construction Council

2nd Plaintiff

Amani Centre for Street Children

Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether the defendant had a duty to pay arbitration fees and associated costs
  2. 2 Whether the defendant breached the duty to pay arbitration fees and costs
  3. 3 Whether the defendant made efforts to perform its duty to pay arbitration fees

Ratio Decidendi

The matter was prematurely brought before the court as the determination of disputed arbitration costs is within the exclusive discretion of the arbitrator. The court remits the disputed issues regarding arbitration costs back to the arbitrator for determination and a fresh award within three months. The suit is stayed pending the arbitrator's decision.

Court Disposition

Suit stayed and issues remitted to arbitrator

Orders

  • Disputed issues regarding arbitration costs remitted to the arbitrator for determination and fresh award within three months
  • Suit stayed pending outcome of arbitrator's determination