registed trustee of gibbon wori would t vs herkin builder ltd 2011 tzhccomd 2107 21 september 2011

registed trustee of gibbon wori would t vs herkin builder ltd 2011 tzhccomd 2107 21 september 2011

The court has no power under its inherent jurisdiction or equity to order payment of a lesser amount than an uncontested arbitral award; the law requires the court to declare such an award enforceable as a decree.

Citation
registed trustee of gibbon wori would t vs herkin builder ltd 2011 tzhccomd 2107 21 september 2011
Parties
Plaintiff/applicant: Registered Trustees of Gibbon Wori World (T); Defendant/respondent: Herkin Builder Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
21 September 2011
Procedural Posture
Commercial Case / Ruling on Application to Pay Lesser Amount Than Arbitral Award and Registration/enforcement of Arbitral Award
Outcome
Application dismissed; arbitral award declared enforceable as a decree of the court; no order as to costs.
Legal Topics
Enforcement of Arbitral Awards, Inherent Powers of Court, Equitable Relief, Execution of Decrees
Source Language
English
Arbitration Civil Procedure Commercial Law Enforcement of Arbitral Awards Inherent Powers of Court Equitable Relief Execution of Decrees

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Parties

Registered Trustees of Gibbon Wori World (T)

Plaintiff/applicant

Herkin Builder Limited

Defendant/respondent

Procedural Posture

Commercial Case / Ruling on Application to Pay Lesser Amount Than Arbitral Award and Registration/enforcement of Arbitral Award

Legal Issues

  1. 1 Whether the court can order payment of a lesser amount than the arbitral award using inherent powers or equity
  2. 2 Whether the arbitral award should be registered and enforced as a decree of the court

Ratio Decidendi

The court has no power under its inherent jurisdiction or equity to order payment of a lesser amount than an uncontested arbitral award; the law requires the court to declare such an award enforceable as a decree.

Court Disposition

Application dismissed; arbitral award declared enforceable as a decree of the court; no order as to costs.

Orders

  • Application dismissed
  • Each party to bear its own costs