20070521 TZHC Dar es Salaam

20070521 TZHC Dar es Salaam

Failure to comply with the mandatory requirement of certification under Rule 8 of the Arbitration Rules renders the petition incompetent and liable to be struck out. A verifying affidavit does not substitute for certification of annexed documents as true copies.

Citation
20070521 TZHC Dar es Salaam
Parties
Petitioner: Kobil Tanzania Limited; Respondent: Mariam Kisangi t/a Mnafu Traders
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 May 2007
Procedural Posture
Miscellaneous Commercial Application (arbitration) / Ruling on Preliminary Objection
Outcome
petition struck out with costs
Legal Topics
Appointment of Arbitrator, Certification of Documents, Procedural Compliance
Source Language
English
Arbitration Civil Procedure Appointment of Arbitrator Certification of Documents Procedural Compliance

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Parties

Kobil Tanzania Limited

Petitioner

Mariam Kisangi t/a Mnafu Traders

Respondent

Procedural Posture

Miscellaneous Commercial Application (arbitration) / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to certify annexed documents as true copies renders the petition incompetent under Rule 8 of the Arbitration Rules
  2. 2 Whether a verifying affidavit suffices as certification under Rule 8

Ratio Decidendi

Failure to comply with the mandatory requirement of certification under Rule 8 of the Arbitration Rules renders the petition incompetent and liable to be struck out. A verifying affidavit does not substitute for certification of annexed documents as true copies.

Court Disposition

petition struck out with costs

Orders

  • The petition is struck out with costs.