regional manager tanroads simiyu vs ms nyanguruma enterprises co ltd 2019 tzhccomd 123 21 february 2019

regional manager tanroads simiyu vs ms nyanguruma enterprises co ltd 2019 tzhccomd 123 21 february 2019

The petition was struck out because the petitioner failed to comply with the mandatory requirements of Rule 8 of the Arbitration Rules, 1957 (GN No. 427/1957) by not annexing certified copies of the submission and award to the petition. This procedural defect is fatal and cannot be cured by reference to documents filed by the arbitrator or by belatedly filed documents without leave of court.

Citation
regional manager tanroads simiyu vs ms nyanguruma enterprises co ltd 2019 tzhccomd 123 21 february 2019
Parties
Petitioner: Regional Manager TANROADS-Simiyu; Respondent: M/S Nyanguruma Enterprises Co. Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
21 February 2019
Procedural Posture
Miscellaneous Commercial Cause (arbitration Challenge) / Ruling on Petition to Set Aside Arbitral Award
Outcome
Petition struck out for non-compliance with mandatory procedural requirements.
Legal Topics
Setting Aside Arbitral Award, Procedural Compliance, Certification of Documents, Arbitration Act Compliance
Source Language
English
Arbitration Civil Procedure Contract Setting Aside Arbitral Award Procedural Compliance Certification of Documents Arbitration Act Compliance

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Parties

Regional Manager TANROADS-Simiyu

Petitioner

M/S Nyanguruma Enterprises Co. Ltd

Respondent

Procedural Posture

Miscellaneous Commercial Cause (arbitration Challenge) / Ruling on Petition to Set Aside Arbitral Award

Legal Issues

  1. 1 Whether failure to comply with Rule 8 of the Arbitration Rules, 1957 (GN No. 427/1957) is fatal to a petition challenging an arbitral award
  2. 2 Whether documents filed by the arbitrator or belatedly by the petitioner can cure non-compliance with mandatory procedural requirements

Ratio Decidendi

The petition was struck out because the petitioner failed to comply with the mandatory requirements of Rule 8 of the Arbitration Rules, 1957 (GN No. 427/1957) by not annexing certified copies of the submission and award to the petition. This procedural defect is fatal and cannot be cured by reference to documents filed by the arbitrator or by belatedly filed documents without leave of court.

Court Disposition

Petition struck out for non-compliance with mandatory procedural requirements.

Orders

  • Petition struck out for failure to comply with Rule 8 of GN No. 427/1957.
  • No order as to costs.