permanent secretary ministry of water and irrigation vs mega builders ltd 2015 tzhccomd 2104 7 october 2015

permanent secretary ministry of water and irrigation vs mega builders ltd 2015 tzhccomd 2104 7 october 2015

The court found that the arbitration clause covered disputes between the parties, including termination, and the petitioner failed to prove otherwise. The Attorney General's full participation in the arbitration satisfied statutory requirements, despite not formally signing the submission. No evidence of arbitrator misconduct or improper procurement was shown. The grounds for setting aside the award under Section 16 of the Arbitration Act were not met. The petition was dismissed with costs.

Citation
permanent secretary ministry of water and irrigation vs mega builders ltd 2015 tzhccomd 2104 7 october 2015
Parties
Petitioner: Permanent Secretary Ministry of Water and Irrigation; Respondent: Mega Builders Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
7 October 2015
Procedural Posture
Misc Commercial Application / Ruling on Petition to Set Aside Arbitral Award
Outcome
Petition dismissed with costs
Legal Topics
Setting Aside Arbitral Awards, Jurisdiction of Arbitrator, Government Proceedings Act Compliance, Contract Termination, Costs in Arbitration
Source Language
English
Arbitration Government Contracts Construction Law Setting Aside Arbitral Awards Jurisdiction of Arbitrator Government Proceedings Act Compliance Contract Termination Costs in Arbitration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Permanent Secretary Ministry of Water and Irrigation

Petitioner

Mega Builders Ltd

Respondent

Procedural Posture

Misc Commercial Application / Ruling on Petition to Set Aside Arbitral Award

Legal Issues

  1. 1 Whether the arbitrator had jurisdiction to determine disputes arising from contract termination
  2. 2 Whether the arbitral award was improperly procured due to non-joinder of the Attorney General
  3. 3 Whether the arbitrator misconducted himself or failed to consider binding adjudicator decisions

Ratio Decidendi

The court found that the arbitration clause covered disputes between the parties, including termination, and the petitioner failed to prove otherwise. The Attorney General's full participation in the arbitration satisfied statutory requirements, despite not formally signing the submission. No evidence of arbitrator misconduct or improper procurement was shown. The grounds for setting aside the award under Section 16 of the Arbitration Act were not met. The petition was dismissed with costs.

Court Disposition

Petition dismissed with costs

Orders

  • Petition to set aside arbitral award is dismissed
  • Costs awarded to the respondent