19920112 TZHC Dar es Salaam

19920112 TZHC Dar es Salaam

No triable issue or dispute was disclosed by the applicant; inability to pay due to lack of funds does not constitute a dispute under the contract or agreement. Application for leave to defend and stay pending arbitration fails as there is nothing to arbitrate and no procedural prejudice from the summons. The government need not be joined as a party.

Citation
19920112 TZHC Dar es Salaam
Parties
Applicant: INGRA ENGINEERING & CONSTRUCTION CO. LTD; Respondent: NATIONAL DEVELOPMENT CORPORATION; Respondent: NATIONAL BANK OF COMMERCE
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 January 1992
Procedural Posture
Civil Suit / Application for Leave to Appear and Defend, Stay of Proceedings Pending Arbitration
Outcome
application dismissed with costs; judgment entered for plaintiff
Legal Topics
Leave to Defend, Stay of Proceedings, Arbitration Clause, Guarantee, Promissory Notes
Source Language
English
Civil Procedure Arbitration Contract Law Leave to Defend Stay of Proceedings Arbitration Clause Guarantee Promissory Notes

Case Brief

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Parties

INGRA ENGINEERING & CONSTRUCTION CO. LTD

Applicant

NATIONAL DEVELOPMENT CORPORATION

Respondent

NATIONAL BANK OF COMMERCE

Respondent

Procedural Posture

Civil Suit / Application for Leave to Appear and Defend, Stay of Proceedings Pending Arbitration

Legal Issues

  1. 1 Whether leave to appear and defend should be granted
  2. 2 Whether proceedings should be stayed pending arbitration
  3. 3 Whether the government should be joined as a party due to guarantee

Ratio Decidendi

No triable issue or dispute was disclosed by the applicant; inability to pay due to lack of funds does not constitute a dispute under the contract or agreement. Application for leave to defend and stay pending arbitration fails as there is nothing to arbitrate and no procedural prejudice from the summons. The government need not be joined as a party.

Court Disposition

application dismissed with costs; judgment entered for plaintiff

Orders

  • Application dismissed in toto with costs
  • Judgment entered in favour of plaintiff as prayed under Order 35 rule 2(2)(a)