THE BOARD OF TRUSTEES OF PARASTATAL PENSION FUND VS MILO CONSTRUCTION CO

THE BOARD OF TRUSTEES OF PARASTATAL PENSION FUND VS MILO CONSTRUCTION CO

The court lacks jurisdiction to set aside the arbitral award as the petitioner's grounds do not allege misconduct, fraud, corruption, or error apparent on the face of the award, but rather challenge findings of fact and law, which are not grounds for setting aside under Section 16 of the Arbitration Act.

Source-derived case information.

Citation
THE BOARD OF TRUSTEES OF PARASTATAL PENSION FUND VS MILO CONSTRUCTION CO
Parties
Petitioner: The Board of Trustees of the Parastatal Pension Fund; Respondent: Milo Construction Company Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2009
Procedural Posture
Miscellaneous Commercial Cause (application to Set Aside Arbitral Award) / Ruling on Preliminary Objection Regarding Jurisdiction
Outcome
Petition dismissed with costs; preliminary objections upheld.
Legal Topics
Setting Aside Arbitral Awards, Jurisdiction of Court in Arbitration Matters, Misconduct of Arbitrator, Error Apparent on the Face of the Award
Source Language
english
Arbitration Civil Procedure Setting Aside Arbitral Awards Jurisdiction of Court in Arbitration Matters Misconduct of Arbitrator Error Apparent on the Face of the Award

Source-derived case record

Summary, issues, holding and outcome

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Parties

The Board of Trustees of the Parastatal Pension Fund

Petitioner

Milo Construction Company Limited

Respondent

Procedural Posture

Miscellaneous Commercial Cause (application to Set Aside Arbitral Award) / Ruling on Preliminary Objection Regarding Jurisdiction

Legal Issues

  1. 1 Whether the High Court has jurisdiction to set aside the arbitral award in absence of misconduct, fraud, corruption, or error apparent on the face of the award
  2. 2 Whether the grounds raised by the petitioner amount to grounds for setting aside the award under Section 16 of the Arbitration Act

Ratio Decidendi

The court lacks jurisdiction to set aside the arbitral award as the petitioner's grounds do not allege misconduct, fraud, corruption, or error apparent on the face of the award, but rather challenge findings of fact and law, which are not grounds for setting aside under Section 16 of the Arbitration Act.

Court Disposition

Petition dismissed with costs; preliminary objections upheld.

Orders

  • Petition dismissed with costs.