north mara gold mine ltd and another vs josephat edward marwa 2020 tzhccomd 2055 6 october 2020

north mara gold mine ltd and another vs josephat edward marwa 2020 tzhccomd 2055 6 october 2020

The 1st petitioner, as a party to the sale agreement containing an arbitration clause, has not taken any steps in the main case and is willing to arbitrate. Therefore, the conditions for granting a stay of proceedings pending arbitration are satisfied. The 2nd petitioner, not being privy to the agreement, cannot petition for stay.

Citation
north mara gold mine ltd and another vs josephat edward marwa 2020 tzhccomd 2055 6 october 2020
Parties
Petitioner: North Mara Gold Mine Limited; Petitioner: Barrick Gold Corporation; Respondent: Josephat Edward Marwa
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
6 October 2020
Procedural Posture
Miscellaneous Commercial Cause (arbitration Stay) / Ruling on Petition for Stay of Proceedings Pending Arbitration
Outcome
Petition granted in part
Legal Topics
Stay of Proceedings, Arbitration Agreement, Jurisdiction, Contractual Disputes
Source Language
English
Arbitration Commercial Law Stay of Proceedings Arbitration Agreement Jurisdiction Contractual Disputes

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Parties

North Mara Gold Mine Limited

Petitioner

Barrick Gold Corporation

Petitioner

Josephat Edward Marwa

Respondent

Procedural Posture

Miscellaneous Commercial Cause (arbitration Stay) / Ruling on Petition for Stay of Proceedings Pending Arbitration

Legal Issues

  1. 1 Whether proceedings in Commercial Case No. 15 of 2019 should be stayed pending arbitration under the sale agreement's arbitration clause
  2. 2 Whether the petitioners have taken steps in the main case precluding a stay
  3. 3 Whether both petitioners are covered by the arbitration clause

Ratio Decidendi

The 1st petitioner, as a party to the sale agreement containing an arbitration clause, has not taken any steps in the main case and is willing to arbitrate. Therefore, the conditions for granting a stay of proceedings pending arbitration are satisfied. The 2nd petitioner, not being privy to the agreement, cannot petition for stay.

Court Disposition

Petition granted in part

Orders

  • Proceedings in Commercial Case No. 15 of 2019 stayed for four months pending reference to arbitration
  • Main case to be called in court for necessary orders to keep track