NA TZHC Dar es Salaam 7

The arbitrator committed misconduct by failing to adequately consider the applicant's claims for extension of time, misconstrued the contractual notice requirements, and granted reliefs inconsistent with the contract and findings. The award is set aside in relevant parts.

Citation: NA TZHC Dar es Salaam 7
Parties: Applicant: Construction Engineers & Builders Ltd.; Respondent: Sugar Development Corporation
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 7 June 1982
Procedural Posture: Civil / Post Arbitration Challenge
Outcome: Award set aside in part; applicant's property released; compensation subject to fresh hearing; costs to respondent.
Legal Topics: Arbitrator Misconduct, Extension of Time, Contract Termination, Damages, Forfeiture of Property
Source Language: English

Arbitration Contract Law Civil Procedure Arbitrator Misconduct Extension of Time Contract Termination Damages Forfeiture of Property

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 5

Parties

Construction Engineers & Builders Ltd.

Applicant

Sugar Development Corporation

Respondent

Procedural Posture

Civil / Post Arbitration Challenge

Legal Issues

1 Whether the arbitrator committed misconduct in dismissing claims for extension of time
2 Whether the notice of contract determination was valid
3 Whether the reliefs granted to the Employer were warranted

Ratio Decidendi

Court Disposition

Award set aside in part; applicant's property released; compensation subject to fresh hearing; costs to respondent.

Orders

Applicant's plant, equipment, and tools to be released forthwith.
Award in respect of compensation set aside and subject to fresh hearing.