ISON BPO T LTD VS EQUITY BANK T LTD MISC

ISON BPO T LTD VS EQUITY BANK T LTD MISC

The petition to set aside the arbitral award was filed out of time, as the court order of 14/8/2017 did not grant an extension of time, and the petitioner failed to comply with the limitation period prescribed by law. There was no legal basis to exclude the period under section 22 of the Law of Limitation Act, and...

Source-derived case information.

Citation
ISON BPO T LTD VS EQUITY BANK T LTD MISC
Parties
Petitioner: ISON BPO Tanzania Ltd.; Respondent: Equity Bank (T) Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2017
Procedural Posture
Petition to Set Aside Arbitral Award / Ruling on Preliminary Objection (limitation of Time)
Outcome
petition dismissed as time barred
Legal Topics
Setting Aside Arbitral Award, Limitation of Actions, Jurisdiction of Arbitrator
Source Language
english
Arbitration Civil Procedure Setting Aside Arbitral Award Limitation of Actions Jurisdiction of Arbitrator

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Parties

ISON BPO Tanzania Ltd.

Petitioner

Equity Bank (T) Ltd

Respondent

Procedural Posture

Petition to Set Aside Arbitral Award / Ruling on Preliminary Objection (limitation of Time)

Legal Issues

  1. 1 Whether the petition to set aside the arbitral award was filed within the prescribed limitation period
  2. 2 Whether the court order of 14/8/2017 constituted an extension of time to file the petition
  3. 3 Whether the arbitral award was procured with misconduct, errors on the face of the award, or improper procurement

Ratio Decidendi

The petition to set aside the arbitral award was filed out of time, as the court order of 14/8/2017 did not grant an extension of time, and the petitioner failed to comply with the limitation period prescribed by law. There was no legal basis to exclude the period under section 22 of the Law of Limitation Act, and the petition is therefore dismissed without consideration of its merits.

Court Disposition

petition dismissed as time barred

Orders

  • Petition dismissed with costs