world vision t vs lazafa company ltd 2021 tzhccomd 3505 15 december 2021
The petition is dismissed because the arbitrator was properly appointed by the Maswa District Engineer as per the contract, no objection was raised during the arbitral proceedings, and the VAT issue was within the scope of the dispute. The challenge is unmerited and aimed at delaying enforcement of the award.
- Citation
- world vision t vs lazafa company ltd 2021 tzhccomd 3505 15 december 2021
- Parties
- Petitioner: World Vision Tanzania; Respondent: Lazafa Company Limited
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 15 December 2021
- Procedural Posture
- Petition to Set Aside Arbitral Award / Ruling on Petition
- Outcome
- petition dismissed with costs
- Legal Topics
- Challenge to Arbitral Award, Appointment of Arbitrator, VAT Liability in Contracts
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
World Vision Tanzania
Petitioner
Lazafa Company Limited
Respondent
Procedural Posture
Petition to Set Aside Arbitral Award / Ruling on Petition
Legal Issues
- 1 Whether the appointment of the arbitrator was contrary to the parties' agreement and vitiated the arbitral proceedings and award
- 2 Whether the arbitral award should be dismissed for serious irregularity in the conduct of proceedings
Ratio Decidendi
The petition is dismissed because the arbitrator was properly appointed by the Maswa District Engineer as per the contract, no objection was raised during the arbitral proceedings, and the VAT issue was within the scope of the dispute. The challenge is unmerited and aimed at delaying enforcement of the award.
Court Disposition
petition dismissed with costs
Orders
- Petition dismissed with costs
- Award to be registered as prayed by respondent
Full Case Text
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