19880226 TZCA Dar es Salaam2

19880226 TZCA Dar es Salaam2

The High Court had no jurisdiction to restrain the arbitrator from executing the Court of Appeal's order, as the alleged misconduct had already been considered by the appellate court and no new misconduct was alleged. The application to the High Court was therefore without merit.

Citation
19880226 TZCA Dar es Salaam2
Parties
Appellant: Construction Engineers and Builders Limited; Respondent: Sugar Development Corporation
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 February 1988
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court Ruling
Outcome
Appeal dismissed with costs
Legal Topics
Removal of Arbitrator, Powers of High Court, Execution of Appellate Orders
Source Language
English
Arbitration Civil Procedure Removal of Arbitrator Powers of High Court Execution of Appellate Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Construction Engineers and Builders Limited

Appellant

Sugar Development Corporation

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court Ruling

Legal Issues

  1. 1 Whether the High Court had power to restrain the arbitrator from executing the Court of Appeal's order under section 17 of the Arbitration Ordinance
  2. 2 Whether alleged misconduct by the arbitrator justified removal after the Court of Appeal's decision

Ratio Decidendi

The High Court had no jurisdiction to restrain the arbitrator from executing the Court of Appeal's order, as the alleged misconduct had already been considered by the appellate court and no new misconduct was alleged. The application to the High Court was therefore without merit.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to respondent