20070802 TZHC Mwanza

The application was not properly before the court as it was not brought by way of petition as required by the Arbitration Rules, thus the court was not properly moved.

Citation: 20070802 TZHC Mwanza
Parties: Applicant: Jonathan Kalaze; Respondent: Tanzania Breweries Ltd
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 2 August 2007
Procedural Posture: Miscellaneous Civil Application / Ruling on Preliminary Objections
Outcome: Application struck out
Legal Topics: Appointment of Arbitrator, Preliminary Objection, Proper Procedure for Arbitration Applications
Source Language: English

Civil Procedure Arbitration Appointment of Arbitrator Preliminary Objection Proper Procedure for Arbitration Applications

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2

Parties

Jonathan Kalaze

Applicant

Tanzania Breweries Ltd

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections

Legal Issues

1 Whether the application was brought under the correct legal provisions
2 Whether the application contravened the Arbitration Rules by not being brought by petition
3 Whether the application was overtaken by events

Ratio Decidendi

The application was not properly before the court as it was not brought by way of petition as required by the Arbitration Rules, thus the court was not properly moved.

Court Disposition

Application struck out

Orders

Application struck out for being brought contrary to the Arbitration Rules
No order as to costs