east african development bank vs blueline enterprises ltd 2006 tzhc 74 29 june 2006

east african development bank vs blueline enterprises ltd 2006 tzhc 74 29 june 2006

Failure to certify the annexed arbitration award as a true copy by the petitioner or its advocate is a fatal procedural defect rendering the petition incompetent and bad in law. The application for stay of execution was also not properly brought as it did not comply with mandatory procedural requirements under the Arbitration Rules, 1957.

Citation
east african development bank vs blueline enterprises ltd 2006 tzhc 74 29 june 2006
Parties
Petitioner: East African Development Bank; Respondent: Blueline Enterprises Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 June 2006
Procedural Posture
Miscellaneous Civil Cause / Ruling on Preliminary Objections
Outcome
Petition and application struck out with costs.
Legal Topics
Arbitration Award Challenge, Preliminary Objections, Certification of Documents, Procedural Compliance
Source Language
English
Civil Procedure Arbitration Arbitration Award Challenge Preliminary Objections Certification of Documents Procedural Compliance

Case Brief

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Parties

East African Development Bank

Petitioner

Blueline Enterprises Ltd

Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether failure to certify annexed arbitration award renders the petition incompetent
  2. 2 Whether the application for stay of execution was properly brought before the court

Ratio Decidendi

Failure to certify the annexed arbitration award as a true copy by the petitioner or its advocate is a fatal procedural defect rendering the petition incompetent and bad in law. The application for stay of execution was also not properly brought as it did not comply with mandatory procedural requirements under the Arbitration Rules, 1957.

Court Disposition

Petition and application struck out with costs.

Orders

  • Petition struck out with costs.
  • Application for stay of execution struck out with costs.