world vision t vs lazafa company ltd 2021 tzhccomd 3505 15 december 2021

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

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Parties

World Vision Tanzania

Petitioner

Lazafa Company Limited

Respondent

Procedural Posture

Petition to Set Aside Arbitral Award / Ruling on Petition

  1. 1 Whether the appointment of the arbitrator was contrary to the parties' agreement and vitiated the arbitral proceedings and award
  2. 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