kibo hotel kilimanjaro limited vs the treasury registrar and 2 others 2020 tzhc 4285 15 december 2020

kibo hotel kilimanjaro limited vs the treasury registrar and 2 others 2020 tzhc 4285 15 december 2020

The applicant failed to demonstrate good cause for the inordinate delay of about 15 years in filing the arbitral award, as there was no evidence that the applicant moved the arbitrator to file the award or that the pending proceedings prevented such action. The absence of a cogent explanation for the delay and failure to comply with explicit procedural requirements under the Arbitration Act precluded the exercise of court's discretion to extend time.

Citation
kibo hotel kilimanjaro limited vs the treasury registrar and 2 others 2020 tzhc 4285 15 december 2020
Parties
Applicant: Kibo Hotel Kilimanjaro Limited; 1st Respondent: The Treasury Registrar; 2nd Respondent: Moshi Hotels Limited; 3rd Respondent: Mohamed A. Ismail
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 December 2020
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Filing of Arbitral Award, Limitation Period, Court Discretion
Source Language
English
Civil Procedure Arbitration Extension of Time Filing of Arbitral Award Limitation Period Court Discretion

Case Brief

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Parties

Kibo Hotel Kilimanjaro Limited

Applicant

The Treasury Registrar

1st Respondent

Moshi Hotels Limited

2nd Respondent

Mohamed A. Ismail

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has demonstrated good cause for extension of time to file an arbitral award after expiry of the statutory period
  2. 2 Whether the delay of about 15 years is excusable under the law

Ratio Decidendi

The applicant failed to demonstrate good cause for the inordinate delay of about 15 years in filing the arbitral award, as there was no evidence that the applicant moved the arbitrator to file the award or that the pending proceedings prevented such action. The absence of a cogent explanation for the delay and failure to comply with explicit procedural requirements under the Arbitration Act precluded the exercise of court's discretion to extend time.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed
  • Applicant to pay costs