bogeta engineering ltd vs nanyumbu district council 2020 tzhccomd 2050 14 september 2020

bogeta engineering ltd vs nanyumbu district council 2020 tzhccomd 2050 14 september 2020

The application for registration of the arbitral award was filed out of time, as the applicable limitation period is six months from the date of the award under item 18 of part III of the Law of Limitation Act. The award was filed four years after it was made, and no application for extension of time was made....

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Citation
bogeta engineering ltd vs nanyumbu district council 2020 tzhccomd 2050 14 september 2020
Parties
Claimant: Bogeta Engineering Limited; Respondent: Nanyumbu District Council
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
14 September 2020
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Preliminary Objections
Outcome
application dismissed
Legal Topics
Registration of Arbitral Awards, Limitation Period for Filing Arbitral Awards, Procedural Compliance in Arbitration
Source Language
english
Arbitration Civil Procedure Limitation of Actions Registration of Arbitral Awards Limitation Period for Filing Arbitral Awards Procedural Compliance in Arbitration

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Parties

Bogeta Engineering Limited

Claimant

Nanyumbu District Council

Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application for registration of the arbitral award is time-barred under the Law of Limitation Act
  2. 2 Whether the award was improperly filed in court contrary to section 12(2) of the Arbitration Act and Rule 4 of the Arbitration Rules

Ratio Decidendi

The application for registration of the arbitral award was filed out of time, as the applicable limitation period is six months from the date of the award under item 18 of part III of the Law of Limitation Act. The award was filed four years after it was made, and no application for extension of time was made. Therefore, the application must be dismissed for being time-barred.

Court Disposition

application dismissed

Orders

  • application dismissed for being time-barred
  • no order as to costs