kunti yusuph majala vs avic coast land development t ltd 2020 tzhc 1552 30 july 2020

The court lacks jurisdiction because the parties have not submitted their dispute to arbitration as required by their agreement; there is no arbitral decision to execute.

Citation: kunti yusuph majala vs avic coast land development t ltd 2020 tzhc 1552 30 july 2020
Parties: Petitioner: Kunti Yusuph Majala; Respondent: AVIC Coast Land Development (T) Ltd
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 30 July 2020
Procedural Posture: Miscellaneous Civil Application / Ruling on Jurisdiction and Application Dismissal
Outcome: Application dismissed for want of jurisdiction.
Legal Topics: Jurisdiction, Arbitration Agreement, Dispute Resolution Clause
Source Language: English

Arbitration Contract Law Jurisdiction Arbitration Agreement Dispute Resolution Clause

Case Brief

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Parties

Kunti Yusuph Majala

Petitioner

AVIC Coast Land Development (T) Ltd

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Jurisdiction and Application Dismissal

Legal Issues

1 Whether the court has jurisdiction to entertain the matter before exhaustion of arbitration as agreed by the parties
2 Whether there is an arbitrator's decision requiring execution by the court

Ratio Decidendi

The court lacks jurisdiction because the parties have not submitted their dispute to arbitration as required by their agreement; there is no arbitral decision to execute.

Court Disposition

Application dismissed for want of jurisdiction.

Orders

Each party to bear its own costs.