emesi t ltd and mtembwe technical and suppliers ltd vs yapi markezi insaat ve sanayi anonim sirket anothe 2022 tzhccomd 148 31 may 2022

emesi t ltd and mtembwe technical and suppliers ltd vs yapi markezi insaat ve sanayi anonim sirket anothe 2022 tzhccomd 148 31 may 2022

The application was incompetent as it was commenced by chamber summons instead of petition as mandatorily required by Regulation 63(1)(a) of GN No. 146 of 2021 for applications under the Arbitration Act.

Citation
emesi t ltd and mtembwe technical and suppliers ltd vs yapi markezi insaat ve sanayi anonim sirket anothe 2022 tzhccomd 148 31 may 2022
Parties
Applicant: EMESI (T) LIMITED AND MTEMBWE TECHNICAL AND SUPPLIES LIMITED; 1st Respondent: YAPI MERKEZIINSAAT VE SANAYI ANONIM SIRKET; 2nd Respondent: DCB COMMERCIAL BANK PLC
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
31 May 2022
Procedural Posture
Miscellaneous Commercial Application / Preliminary Objection Ruling
Outcome
Application struck out for incompetence
Legal Topics
Interim Injunctions, Arbitration Procedure, Preliminary Objections
Source Language
English
Arbitration Civil Procedure Interim Injunctions Arbitration Procedure Preliminary Objections

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Parties

EMESI (T) LIMITED AND MTEMBWE TECHNICAL AND SUPPLIES LIMITED

Applicant

YAPI MERKEZIINSAAT VE SANAYI ANONIM SIRKET

1st Respondent

DCB COMMERCIAL BANK PLC

2nd Respondent

Procedural Posture

Miscellaneous Commercial Application / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the application was properly instituted under the Arbitration Act and relevant Regulations
  2. 2 Whether Regulation 63(1)(a) of GN No. 146 of 2021 mandates applications under the Arbitration Act to be by petition

Ratio Decidendi

The application was incompetent as it was commenced by chamber summons instead of petition as mandatorily required by Regulation 63(1)(a) of GN No. 146 of 2021 for applications under the Arbitration Act.

Court Disposition

Application struck out for incompetence

Orders

  • Application struck out for being commenced contrary to law
  • Applicant to pay costs to the first respondent