20030730 TZHC Dar es Salaam

20030730 TZHC Dar es Salaam

The Sole Arbitrator's failure to allow the petitioner to reply to the counter affidavit, call witnesses, and make final submissions amounted to denial of the right to be heard, constituting misconduct and justifying setting aside the award.

Citation
20030730 TZHC Dar es Salaam
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 / 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 / Application to Set Aside Arbitral Award

Legal Issues

  1. 1 Whether the Sole Arbitrator denied the petitioner the right to be heard
  2. 2 Whether failure to allow reply to counter affidavit and final submissions constitutes misconduct justifying setting aside the award

Ratio Decidendi

The Sole Arbitrator's failure to allow the petitioner to reply to the counter affidavit, call witnesses, and make final submissions amounted to denial of the right to be heard, constituting misconduct and justifying setting aside the award.

Court Disposition

Application allowed

Orders

  • The order of 30/9/2002 is quashed and the award set aside.
  • Proceedings to commence afresh before Mr. Mwakyusa.