kobil t ltd vs mariam kisangi ta mnafu traders 2007 tzhccomd 67 21 may 2007

kobil t ltd vs mariam kisangi ta mnafu traders 2007 tzhccomd 67 21 may 2007

Failure to comply with the mandatory requirement of Rule 8 of the Arbitration Rules, which requires annexed documents to be certified as true copies by the petitioner or advocate, renders the petition incompetent. Verification by affidavit does not satisfy the certification requirement under Rule 8.

Citation
kobil t ltd vs mariam kisangi ta mnafu traders 2007 tzhccomd 67 21 may 2007
Parties
Petitioner: Kobil Tanzania Limited; Respondent: Mariam Kisangi t/a Mnafu Traders
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
21 May 2007
Procedural Posture
Miscellaneous Commercial Application / Ruling on Preliminary Objection
Outcome
petition struck out with costs
Legal Topics
Appointment of Arbitrator, Certification of Documents, Preliminary Objection, Procedural Compliance
Source Language
English
Arbitration Civil Procedure Appointment of Arbitrator Certification of Documents Preliminary Objection Procedural Compliance

Case Brief

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Parties

Kobil Tanzania Limited

Petitioner

Mariam Kisangi t/a Mnafu Traders

Respondent

Procedural Posture

Miscellaneous Commercial Application / 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 for certification under Rule 8

Ratio Decidendi

Failure to comply with the mandatory requirement of Rule 8 of the Arbitration Rules, which requires annexed documents to be certified as true copies by the petitioner or advocate, renders the petition incompetent. Verification by affidavit does not satisfy the certification requirement under Rule 8.

Court Disposition

petition struck out with costs

Orders

  • The petition is struck out with costs.