NA TZCA Dar es Salaam

The disputes between the parties arise under or in connection with the contract and involve both factual and legal issues. The arbitration clause is wide enough to cover all matters in dispute. There is no sufficient reason to refuse a stay, and the High Court correctly exercised its discretion to stay proceedings and refer the matter to arbitration.

Citation: NA TZCA Dar es Salaam
Parties: Appellant: Construction Engineers and Builders Ltd.; Respondent: Sugar Development Corporation
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 9 September 1980
Procedural Posture: Civil Appeal / Appeal From High Court Ruling
Outcome: Appeal dismissed
Legal Topics: Stay of Proceedings, Arbitration Clause, Termination of Contract, Jurisdiction of Arbitrator
Source Language: English

Arbitration Contract Law Civil Procedure Stay of Proceedings Arbitration Clause Termination of Contract Jurisdiction of Arbitrator

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Parties

Construction Engineers and Builders Ltd.

Appellant

Sugar Development Corporation

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Ruling

Legal Issues

1 Whether the High Court suit should be stayed under Section 6 of the Arbitration Ordinance to refer the dispute to arbitration as per the contract clause 36(1)
2 Whether the disputes raised are fit for arbitration or are purely questions of law for the court

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Proceedings in the High Court stayed under Section 6 of the Arbitration Ordinance
Dispute to be referred to arbitration as per contract clause 36(1)