consolidated holding corporation vs j p international ltd 2005 tzhc 123 19 july 2005

consolidated holding corporation vs j p international ltd 2005 tzhc 123 19 july 2005

The citation of Rule 5 of the Arbitration Rules, 1957, was not erroneous as it governs the mode of applications under Cap 15. The preliminary objections did not meet the legal test for preliminary objections and lacked merit.

Source-derived case information.

Citation
consolidated holding corporation vs j p international ltd 2005 tzhc 123 19 july 2005
Parties
Petitioner: Consolidated Holding Corporation; Respondent: J.P. International Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 July 2005
Procedural Posture
Miscellaneous Civil Cause / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed
Legal Topics
Setting Aside Arbitral Award, Preliminary Objection, Citation of Legal Provisions
Source Language
english
Arbitration Civil Procedure Setting Aside Arbitral Award Preliminary Objection Citation of Legal Provisions

Source-derived case record

Summary, issues, holding and outcome

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Parties

Consolidated Holding Corporation

Petitioner

J.P. International Limited

Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the petition is incompetent due to citation of an inapplicable provision of the Arbitration Rules, 1957
  2. 2 Whether the grounds for setting aside the arbitral award are properly pleaded
  3. 3 Whether misinterpretation of law or fact by an arbitral tribunal entitles court interference

Ratio Decidendi

The citation of Rule 5 of the Arbitration Rules, 1957, was not erroneous as it governs the mode of applications under Cap 15. The preliminary objections did not meet the legal test for preliminary objections and lacked merit.

Court Disposition

Preliminary objections dismissed

Orders

  • Preliminary objections dismissed for lack of merit
  • Petitioner awarded costs