oryx energies t ltd vs mo assurance co ltd another 2023 tzhccomd 137 17 may 2023

The suit was prematurely instituted before the court without reference to arbitration as required by the contract and statute; therefore, it is incompetent and must be struck out with costs.

Citation: oryx energies t ltd vs mo assurance co ltd another 2023 tzhccomd 137 17 may 2023
Parties: Plaintiff: ORYX ENERGIES TANZANIA LIMITED; 1st Defendant: MO ASSURANCE COMPANY LIMITED; 2nd Defendant: ENCOD LIMITED
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 17 May 2023
Procedural Posture: Commercial Case / Ruling on Preliminary Objection
Outcome: Case struck out with costs
Legal Topics: Arbitration Clause, Breach of Contract, Performance Bond, Jurisdiction
Source Language: English

Commercial Law Arbitration Arbitration Clause Breach of Contract Performance Bond Jurisdiction

Case Brief

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Parties

ORYX ENERGIES TANZANIA LIMITED

Plaintiff

MO ASSURANCE COMPANY LIMITED

1st Defendant

ENCOD LIMITED

2nd Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

1 Whether the suit is prematurely before the court for want of reference to arbitration
2 Whether the arbitration clause bars institution of proceedings before arbitration

Ratio Decidendi

The suit was prematurely instituted before the court without reference to arbitration as required by the contract and statute; therefore, it is incompetent and must be struck out with costs.

Court Disposition

Case struck out with costs

Orders

Matter struck out with costs
Plaintiff to bear the costs