19941213 TZHC Dar es Salaam

ii . - . ,, S~Jr;AP. LSVF.,OP;_VIENT COF..PORA'l'ICN. o • • • ~ • • • • • R,AINTIFF VERSUS COJ\TSl'RUCTION FHGINEERS L\1'-JD BUTI,DER.::; L '?i)-, ~ , ~ o ,. ~ ; o .:, • ~" c ~ e • "'• • 1 ,. • o • 0 o ., DEFEND1\NT R U T T__ ~T (:. Mackanja, Je The parties t.J t1:L, ai-::r•J :•~-:, 1t:~u:. :;.:tered into a building 0 c 0~1tract in wh:i.ch t~1"' .i:- s -'c:i.. V , , -· , io. ·:· the employer o Under -4,. that agreement a:l .::1;.;pu;;es ""r:.,.~ c,.L.,,:fcre1:,...es which would arise between the part.1.f?S ·-.:l::t·c to te i'23olve_d through arbitration. Such di1ferences having arisen an arbitrator was appointed who, at the end of the' day, made his award,. The petitioner has instituted these proceedings under section ll of the Arbitration Ordinance as read with Rules · - tfie 20 and 21 of the Second Schedule thereto, so that awarcy may be made a decree of this court. In the course of time the respondent filed a chamber application in which it seeks several reliefs~ including awara . one in which it prays that the_ be set aside,, Dr., Lamwai, aj,m q_ate . . . for the respondent/applicant, has now infc1... - - 11 us that his cfient has _long since been struck off the regist-:--~ of companies; efforts to have it restored on the registrer have so far not meterialized; and that its n:f.rector: one l Brigadier Kapoor, is resident in Uganda. Dr. Lamwa~. has f t been trying to contact this Brigadier Kapoor, so he told me, for further instructions about this case without success. This means that Dr. Laiµwai does not have .full instructions to act for the non-existent respondent/applicant. He nonetheless applies for an indefirI;ite adjournment. . -• Ivi_;_, Ru.tab~-tl?-;\va' s concern that -,;he appli ~ation fer adjournment ~-,,·,c;.1 n b~ ,.,,_,-,,1.se1~ FirstJ v. Dr .. L2.mwai does not have a client t0 defencl b2caus2 uncc t.he r-.~snun,lo.1t/applicant was struck cd"' . . he registr:r of cc)moa:riies it A::i., eel to cixist as a legal person. Which i1:2a;:1s, c?~, c · 1 if Brigadier Kapoor was to be located, he cannot .spc-:-i.k for and on behalf of a non-existent entify., In any case" evPn if any of the former Principal Officers of the defunct c,::-.-,~1;-1:9.rrr had shown interest, I cannot see how he could ac~ f ,,:, !'.:J 1egal entity vl:.ich can no longer give j_nstrur:tions o".le w2y or the other. In these circumstances the: ap};J.. 5 cation to set aside the award has abated by operRtion of~~~ 2awa The petition shall thus procec-d and I will on the first day of hearing: require the petitioner to sho-w how an award against a . non-existent company can be made a decre.e to be el'oforf':ed according to law., I shall invite Dr.· Lamw8{ to argue the matter as amicus curiae•· In the result the application to set aside the award is dismissed~ Costs in the cause.· Delivered. • - . ........ _.-. J ·.-. . Dr, ,Lm~1waj, JAdvocette) .· {Absent.served) Mr. Rutabingwa / - For Applicant/Resp,indc:nt For Respondent/Petitioner Mr. Mdamu: ~. M, Ma~kanja ~- 1-1:-1~94 I