ms rans co ltd vs attorney general another 2022 tzhccomd 364 25 november 2022

The annextures to the petition were certified by a Notary Public and Commissioner for Oaths, and whether the certifier was the applicant's advocate is a factual issue not suitable for determination at the preliminary objection stage; thus, the preliminary objection lacks substance and is overruled.

Citation: ms rans co ltd vs attorney general another 2022 tzhccomd 364 25 november 2022
Parties: Petitioner: M/S RANS Company Limited; 1st Respondent: Attorney General; 2nd Respondent: Roads Fund Board
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 25 November 2022
Procedural Posture: Miscellaneous Commercial Cause (arbitration) / Ruling on Preliminary Objection
Outcome: preliminary objection overruled
Legal Topics: Certification of Documents, Preliminary Objection, Arbitral Award Challenge
Source Language: English

Arbitration Civil Procedure Certification of Documents Preliminary Objection Arbitral Award Challenge

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2

Parties

M/S RANS Company Limited

Petitioner

Attorney General

1st Respondent

Roads Fund Board

2nd Respondent

Procedural Posture

Miscellaneous Commercial Cause (arbitration) / Ruling on Preliminary Objection

Legal Issues

1 Whether failure to annex original or certified copies of arbitral documents renders the petition incompetent
2 Whether the preliminary objection raised is a pure point of law

Ratio Decidendi

Court Disposition

preliminary objection overruled

Orders

Matter to proceed from where it ended before hearing of the preliminary objection
Each party to bear its own costs