siemens limited another vs mtibwa sugar estates 2016 tzhccomd 2072 18 february 2016

siemens limited another vs mtibwa sugar estates 2016 tzhccomd 2072 18 february 2016

The petition was filed beyond the statutory six-month limitation period for filing arbitral awards, making it incompetent and subject to dismissal under section 3 of the Law of Limitation Act. The failure to certify documents, conceded by petitioners, also rendered the application liable to be struck out, but the time-barred nature warranted dismissal.

Citation
siemens limited another vs mtibwa sugar estates 2016 tzhccomd 2072 18 february 2016
Parties
Petitioner: Siemens Limited; Petitioner: Siemens (Proprietary) Limited; Respondent: Mtibwa Sugar Estates
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
18 February 2016
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Preliminary Objection
Outcome
Application dismissed with costs
Legal Topics
Limitation of Actions, Certification of Documents, Filing of Arbitral Awards
Source Language
English
Arbitration Civil Procedure Limitation of Actions Certification of Documents Filing of Arbitral Awards

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Parties

Siemens Limited

Petitioner

Siemens (Proprietary) Limited

Petitioner

Mtibwa Sugar Estates

Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the filing of the arbitral award was time-barred under the Law of Limitation Act
  2. 2 Whether failure to certify copies of submissions and award rendered the petition incompetent

Ratio Decidendi

The petition was filed beyond the statutory six-month limitation period for filing arbitral awards, making it incompetent and subject to dismissal under section 3 of the Law of Limitation Act. The failure to certify documents, conceded by petitioners, also rendered the application liable to be struck out, but the time-barred nature warranted dismissal.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs