BAY VIEW PROPERTY LTD AND HERBERT ELIEZER LIWALI MISC

BAY VIEW PROPERTY LTD AND HERBERT ELIEZER LIWALI MISC

Since both parties failed to agree on the appointment of a sole arbitrator as required by the Lease Agreement, and both consented to the court's intervention, the court appointed a sole arbitrator and ordered each party to bear its own costs.

Citation
BAY VIEW PROPERTY LTD AND HERBERT ELIEZER LIWALI MISC
Parties
Petitioner: Bay View Property Limited; Respondent: Herbert Eliezer Liwali
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Application for Appointment of Sole Arbitrator
Outcome
Application granted
Legal Topics
Appointment of Arbitrator, Lease Agreement Dispute, Costs in Arbitration Proceedings
Source Language
English
Arbitration Commercial Law Appointment of Arbitrator Lease Agreement Dispute Costs in Arbitration Proceedings

Case Brief

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Parties

Bay View Property Limited

Petitioner

Herbert Eliezer Liwali

Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Application for Appointment of Sole Arbitrator

Legal Issues

  1. 1 Whether the court should appoint a sole arbitrator under the Lease Agreement and relevant arbitration rules
  2. 2 Whether costs should be awarded to the petitioner

Ratio Decidendi

Since both parties failed to agree on the appointment of a sole arbitrator as required by the Lease Agreement, and both consented to the court's intervention, the court appointed a sole arbitrator and ordered each party to bear its own costs.

Court Disposition

Application granted

Orders

  • Thomas B. Mihayo, J (Rtd) appointed as sole arbitrator
  • Dispute referred to sole arbitrator for determination in accordance with the Lease Agreement