north mara gold mines limited vkiribo limited 2022 tzhccomd 55 14 march 2022

north mara gold mines limited vkiribo limited 2022 tzhccomd 55 14 march 2022

The arbitration agreement in the 2015 Haulage Agreement became inoperative upon execution of the Acknowledgement of Debt Agreement dated 13th September 2019, which superseded previous agreements and established Tanzania as the forum for dispute resolution. Therefore, the petition for stay of proceedings pending arbitration in South Africa cannot be granted.

Citation
north mara gold mines limited vkiribo limited 2022 tzhccomd 55 14 march 2022
Parties
Petitioner: North Mara Gold Mines Limited; Respondent: Kiribo Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
14 March 2022
Procedural Posture
Petition for Stay of Proceedings Pending Arbitration / Ruling on Petition
Outcome
petition dismissed with costs
Legal Topics
Stay of Proceedings, Arbitration Agreement, Variation of Contract, Forum Selection, Jurisdiction
Source Language
English
Arbitration Contract Law Civil Procedure Stay of Proceedings Arbitration Agreement Variation of Contract Forum Selection Jurisdiction

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Parties

North Mara Gold Mines Limited

Petitioner

Kiribo Limited

Respondent

Procedural Posture

Petition for Stay of Proceedings Pending Arbitration / Ruling on Petition

Legal Issues

  1. 1 Whether the claims by the respondent are covered by the arbitration clause in the Haulage Agreement dated 2015
  2. 2 Whether the arbitration agreement in the 2015 Haulage Agreement is operative after the Acknowledgement of Debt Agreement dated 13th September 2019

Ratio Decidendi

The arbitration agreement in the 2015 Haulage Agreement became inoperative upon execution of the Acknowledgement of Debt Agreement dated 13th September 2019, which superseded previous agreements and established Tanzania as the forum for dispute resolution. Therefore, the petition for stay of proceedings pending arbitration in South Africa cannot be granted.

Court Disposition

petition dismissed with costs

Orders

  • The petition is dismissed with costs.