airtel tanzania ltd vs kmj telecommunication ltd 2020 tzhccomd 65 9 june 2020

airtel tanzania ltd vs kmj telecommunication ltd 2020 tzhccomd 65 9 june 2020

The petition is misconceived and overtaken by events as the arbitral award has already been made a court decree, rendering the court functus officio; the only remedies available are review, revision, or appeal, not setting aside the decree.

Citation
airtel tanzania ltd vs kmj telecommunication ltd 2020 tzhccomd 65 9 june 2020
Parties
Petitioner: Airtel Tanzania Limited; Respondent: KMJ Telecommunication Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
9 June 2020
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Preliminary Objections
Outcome
Petition struck out with costs.
Legal Topics
Setting Aside Arbitral Award, Functus Officio, Court Decree, Preliminary Objection, Compliance With Court Orders
Source Language
English
Arbitration Civil Procedure Setting Aside Arbitral Award Functus Officio Court Decree Preliminary Objection Compliance With Court Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Airtel Tanzania Limited

Petitioner

KMJ Telecommunication Limited

Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the petition to set aside part of the arbitral award is tenable after the award has been made a court decree
  2. 2 Whether the court is functus officio after issuing a decree based on the arbitral award
  3. 3 Whether the petition contains improper pleadings (arguments, assertions, opinions)

Ratio Decidendi

The petition is misconceived and overtaken by events as the arbitral award has already been made a court decree, rendering the court functus officio; the only remedies available are review, revision, or appeal, not setting aside the decree.

Court Disposition

Petition struck out with costs.

Orders

  • Petition struck out.
  • Petitioner to pay costs.