PERMANENT SECRETARYMINISTRY OF JUSTICE AND CONSTITUTIONAL AFFAIRS Vs KS BUILDERS LTD MISC

PERMANENT SECRETARYMINISTRY OF JUSTICE AND CONSTITUTIONAL AFFAIRS Vs KS BUILDERS LTD MISC

The arbitral award was improperly procured because the Attorney General was not made a party nor represented at the proceedings, contrary to mandatory statutory requirements. The award is incapable of enforcement against the Government and must be set aside.

Citation
PERMANENT SECRETARYMINISTRY OF JUSTICE AND CONSTITUTIONAL AFFAIRS Vs KS BUILDERS LTD MISC
Parties
Petitioner: Permanent Secretary Ministry of Justice and Constitutional Affairs; Respondent: K'S Builders Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
14 March 2012
Procedural Posture
Miscellaneous Commercial Application / Ruling
Outcome
petition allowed
Legal Topics
Setting Aside Arbitral Award, Government Representation, Procedural Impropriety
Source Language
English
Arbitration Government Proceedings Setting Aside Arbitral Award Government Representation Procedural Impropriety

Case Brief

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Parties

Permanent Secretary Ministry of Justice and Constitutional Affairs

Petitioner

K'S Builders Ltd

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling

Legal Issues

  1. 1 Whether the arbitral award was improperly procured
  2. 2 Whether the Sole Arbitrator misconducted himself by violating the terms and conditions of the agreement

Ratio Decidendi

The arbitral award was improperly procured because the Attorney General was not made a party nor represented at the proceedings, contrary to mandatory statutory requirements. The award is incapable of enforcement against the Government and must be set aside.

Court Disposition

petition allowed

Orders

  • The Final Award of the Sole Arbitrator dated 30th December, 2011 is set aside.
  • Each party shall bear its own costs.