TCCIA INV CO

TCCIA INV CO

All preliminary objections lack merit as the petition raises allegations of misconduct, which are valid grounds for setting aside an arbitral award under the Arbitration Act. Certification requirements were met, the finality clause does not oust statutory review, the need for board resolution is not a pure point of law, and functus officio does not apply as the court has not yet decided the misconduct issue.

Citation
TCCIA INV CO
Parties
Petitioner: TCCIA Investment Company Limited; Respondent: Dr. Gideon H. Kaunda
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Miscellaneous Commercial Application / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed with costs
Legal Topics
Setting Aside Arbitral Award, Preliminary Objections, Jurisdiction, Board Resolution Requirement, Functus Officio, Certification of Documents
Source Language
English
Arbitration Commercial Law Setting Aside Arbitral Award Preliminary Objections Jurisdiction Board Resolution Requirement Functus Officio Certification of Documents

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Parties

TCCIA Investment Company Limited

Petitioner

Dr. Gideon H. Kaunda

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the petition to set aside the arbitral award is misconceived under Section 16 of the Arbitration Act
  2. 2 Whether failure to certify attachments contravenes Rule 8 of the Arbitration Rules
  3. 3 Whether the court lacks jurisdiction due to finality clause in arbitration agreement

Ratio Decidendi

All preliminary objections lack merit as the petition raises allegations of misconduct, which are valid grounds for setting aside an arbitral award under the Arbitration Act. Certification requirements were met, the finality clause does not oust statutory review, the need for board resolution is not a pure point of law, and functus officio does not apply as the court has not yet decided the misconduct issue.

Court Disposition

Preliminary objections dismissed with costs

Orders

  • All preliminary objections are dismissed with costs