THE PERMANENT SECRETARY MINISTRY OF WATER IRRIGATION AND MEGA BUILDERS LTD MISC

THE PERMANENT SECRETARY MINISTRY OF WATER IRRIGATION AND MEGA BUILDERS LTD MISC

The court found there was an arbitration clause covering disputes, including termination, and both the Ministry and Attorney General participated fully in arbitration proceedings. No evidence of arbitrator misconduct or improper procurement was established. The omission to state the Attorney General as a party did not invalidate the proceedings, as he was actively involved throughout. The award was properly procured and the petitioner's grounds failed for lack of proof.

Citation
THE PERMANENT SECRETARY MINISTRY OF WATER IRRIGATION AND MEGA BUILDERS LTD MISC
Parties
Petitioner: Permanent Secretary Ministry of Water and Irrigation; Respondent: Mega Builders Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2015
Procedural Posture
Misc Commercial Application / Ruling
Outcome
petition dismissed with costs
Legal Topics
Arbitrator Jurisdiction, Government Proceedings, Contract Termination, Award Enforcement, Misconduct, Costs Assessment
Source Language
English
Arbitration Government Contracts Construction Law Arbitrator Jurisdiction Government Proceedings Contract Termination Award Enforcement Misconduct +1 more

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Parties

Permanent Secretary Ministry of Water and Irrigation

Petitioner

Mega Builders Ltd

Respondent

Procedural Posture

Misc Commercial Application / Ruling

Legal Issues

  1. 1 Whether the arbitrator had jurisdiction to entertain disputes on contract termination
  2. 2 Whether the arbitration and award were improperly procured for failure to join the Attorney General as a party
  3. 3 Whether the arbitrator misconducted himself by failing to consider adjudicator's decision and assessment of pump prices

Ratio Decidendi

The court found there was an arbitration clause covering disputes, including termination, and both the Ministry and Attorney General participated fully in arbitration proceedings. No evidence of arbitrator misconduct or improper procurement was established. The omission to state the Attorney General as a party did not invalidate the proceedings, as he was actively involved throughout. The award was properly procured and the petitioner's grounds failed for lack of proof.

Court Disposition

petition dismissed with costs

Orders

  • Petition dismissed with costs in favour of respondent
  • Right of appeal explained to parties