KIGOMAUJIJI MUNICIPAL COUNCIL VS NYAKIRANGANI CONSTRUCTION LTD MISC
The petition violated Rule 8 of the Arbitration Rules, GN 427 of 1957, by failing to annex original or certified copies of the award and submissions, rendering it incompetent and warranting striking out with costs.
Source-derived case information.
- Citation
- KIGOMAUJIJI MUNICIPAL COUNCIL VS NYAKIRANGANI CONSTRUCTION LTD MISC
- Parties
- Petitioner: Kigoma/Ujiji Municipal Council; Respondent: Nyakirang’ani Construction Limited
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2014
- Procedural Posture
- Miscellaneous Commercial Cause / Ruling on Preliminary Objections
- Outcome
- petition struck out with costs
- Legal Topics
- Setting Aside Arbitral Award, Preliminary Objections, Compliance With Procedural Rules
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kigoma/Ujiji Municipal Council
Petitioner
Nyakirang’ani Construction Limited
Respondent
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Preliminary Objections
Legal Issues
- 1 Whether the court has jurisdiction given prior proceedings
- 2 Whether the petition is defective for lack of affidavit verifying the petition
- 3 Whether the petition is defective for non-compliance with Rule 8 of the Arbitration Rules, GN 427 of 1957
Ratio Decidendi
The petition violated Rule 8 of the Arbitration Rules, GN 427 of 1957, by failing to annex original or certified copies of the award and submissions, rendering it incompetent and warranting striking out with costs.
Court Disposition
petition struck out with costs
Orders
- petition struck out
- costs awarded to respondent
Full Case Text
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