east africa development bank vs blueline enterprises ltd 2006 tzhc 86 29 june 2006

east africa development bank vs blueline enterprises ltd 2006 tzhc 86 29 june 2006

Failure to certify the annexed award as a true copy by the petitioner or advocate renders the petition incompetent and bad in law; application for stay of execution must be made by petition under the Arbitration Rules, and failure to do so is fatal.

Citation
east africa development bank vs blueline enterprises ltd 2006 tzhc 86 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
Certification of Documents, Form of Applications, Preliminary Objections, Stay of Execution
Source Language
English
Arbitration Civil Procedure Certification of Documents Form of Applications Preliminary Objections Stay of Execution

Case Brief

Summary, issues, holding and outcome

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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 award renders the petition incompetent
  2. 2 Whether application for stay of execution not made by petition is incompetent
  3. 3 Whether lack of Registrar's signature and court seal invalidates the application

Ratio Decidendi

Failure to certify the annexed award as a true copy by the petitioner or advocate renders the petition incompetent and bad in law; application for stay of execution must be made by petition under the Arbitration Rules, and failure to do so is fatal.

Court Disposition

petition and application struck out with costs

Orders

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