mic tanzania limited vs crystal mobile tanzania limited 2021 tzhccomd 3300 14 july 2021

mic tanzania limited vs crystal mobile tanzania limited 2021 tzhccomd 3300 14 july 2021

The Arbitrator misapplied the law regarding proof of special and nominal damages, granting awards without sufficient evidence and relying on precedent inapplicable to the facts. This constitutes an error of law apparent on the face of the award, forming the basis for setting aside and remitting the award for reconsideration.

Citation
mic tanzania limited vs crystal mobile tanzania limited 2021 tzhccomd 3300 14 july 2021
Parties
Petitioner: MIC Tanzania Limited; Respondent: Crystal Mobile Tanzania Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
14 July 2021
Procedural Posture
Petition Challenging Arbitral Award / Ruling on Petition
Outcome
petition partially granted
Legal Topics
Setting Aside Arbitral Award, Serious Irregularity, Burden of Proof, Nominal Damages, Special Damages
Source Language
English
Arbitration Contract Law Setting Aside Arbitral Award Serious Irregularity Burden of Proof Nominal Damages Special Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

MIC Tanzania Limited

Petitioner

Crystal Mobile Tanzania Limited

Respondent

Procedural Posture

Petition Challenging Arbitral Award / Ruling on Petition

Legal Issues

  1. 1 Whether the arbitral award is tainted with serious irregularity justifying setting aside or remitting the award
  2. 2 Whether the Arbitrator failed to deal with all issues raised before him
  3. 3 Whether the Arbitrator misapplied legal principles regarding proof of special and nominal damages

Ratio Decidendi

The Arbitrator misapplied the law regarding proof of special and nominal damages, granting awards without sufficient evidence and relying on precedent inapplicable to the facts. This constitutes an error of law apparent on the face of the award, forming the basis for setting aside and remitting the award for reconsideration.

Court Disposition

petition partially granted

Orders

  • Final award remitted to Arbitrator to reconsider claim of special damages of TZS 28,721,950 according to law and principles governing proof of special damages
  • Arbitrator to reconsider award for nominal damages of TZS 70,000,000 according to law