in the matter of the arbitration ordinance cap another vs blueline enterprises ltd another 2003 tzhc 94 30 july 2003

in the matter of the arbitration ordinance cap another vs blueline enterprises ltd another 2003 tzhc 94 30 july 2003

The Sole Arbitrator failed to provide the petitioner a reasonable opportunity to be heard by not allowing a reply to the counter affidavit, not calling witnesses, and not permitting final submissions, amounting to misconduct and justifying setting aside the award.

Citation
in the matter of the arbitration ordinance cap another vs blueline enterprises ltd another 2003 tzhc 94 30 july 2003
Parties
Petitioner: Blue Line Enterprises Ltd; Respondent: East African Development Bank
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 July 2003
Procedural Posture
Misc. Civil Cause / Ruling on Application to Set Aside Arbitral Award
Outcome
Application allowed
Legal Topics
Setting Aside Arbitral Award, Right to Be Heard, Misconduct in Arbitration
Source Language
English
Arbitration Civil Procedure Setting Aside Arbitral Award Right to Be Heard Misconduct in Arbitration

Case Brief

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Parties

Blue Line Enterprises Ltd

Petitioner

East African Development Bank

Respondent

Procedural Posture

Misc. Civil Cause / Ruling on Application to Set Aside Arbitral Award

Legal Issues

  1. 1 Whether the arbitral award should be set aside for failure to accord the petitioner an opportunity to be heard

Ratio Decidendi

The Sole Arbitrator failed to provide the petitioner a reasonable opportunity to be heard by not allowing a reply to the counter affidavit, not calling witnesses, and not permitting final submissions, amounting to misconduct and justifying setting aside the award.

Court Disposition

Application allowed

Orders

  • Order of 30/9/2002 quashed and award set aside
  • Proceedings to commence afresh before Mr. Mwakyusa