ms kuringe contractors coltd vs moshi urban water supply and sanitation and 2 others 2021 tzhccomd 3354 20 august 2021

ms kuringe contractors coltd vs moshi urban water supply and sanitation and 2 others 2021 tzhccomd 3354 20 august 2021

The court is functus officio as the previous application for registration of the award was dismissed for being time barred, constituting a final determination. The instant application for extension of time is barred and constitutes an abuse of court process.

Citation
ms kuringe contractors coltd vs moshi urban water supply and sanitation and 2 others 2021 tzhccomd 3354 20 august 2021
Parties
Applicant: M/S Kuringe Contractor Co. Ltd; 1st Respondent: Moshi Urban Water Supply and Sanitation Authority; 2nd Respondent: Xavier M. Ndalahwa; Necessary Party: National Construction Council
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
20 August 2021
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
application struck out with costs
Legal Topics
Extension of Time, Registration of Arbitral Award, Functus Officio, Abuse of Court Process
Source Language
English
Civil Procedure Arbitration Extension of Time Registration of Arbitral Award Functus Officio Abuse of Court Process

Case Brief

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Parties

M/S Kuringe Contractor Co. Ltd

Applicant

Moshi Urban Water Supply and Sanitation Authority

1st Respondent

Xavier M. Ndalahwa

2nd Respondent

National Construction Council

Necessary Party

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the court is functus officio regarding the application for extension of time to register an arbitral award
  2. 2 Whether the application constitutes an abuse of court process

Ratio Decidendi

The court is functus officio as the previous application for registration of the award was dismissed for being time barred, constituting a final determination. The instant application for extension of time is barred and constitutes an abuse of court process.

Court Disposition

application struck out with costs

Orders

  • The application is struck out for being misconceived as the court is functus officio and an abuse of court process.
  • Costs awarded to the respondent.