seyani brothers and co ltd vs prestine properties ltd 2021 tzhccomd 3401 16 november 2021

seyani brothers and co ltd vs prestine properties ltd 2021 tzhccomd 3401 16 november 2021

The respondent's challenge to the arbitral award was dismissed, and the court found no legal impediment to registering and enforcing the award as a judgment of the court. The claimant is entitled to the reliefs, losses, expenses, and costs as awarded by the arbitral tribunal.

Citation
seyani brothers and co ltd vs prestine properties ltd 2021 tzhccomd 3401 16 november 2021
Parties
Claimant: Seyani Brothers & Co. Ltd; Respondent: Prestine Properties Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
16 November 2021
Procedural Posture
Miscellaneous Commercial Cause / Application for Registration and Enforcement of Arbitral Award
Outcome
application granted; arbitral award registered and enforced as judgment of the court
Legal Topics
Enforcement of Arbitral Awards, Contractual Disputes, Remedies for Breach of Contract, Costs and Interest Awards
Source Language
English
Arbitration Commercial Law Construction Law Enforcement of Arbitral Awards Contractual Disputes Remedies for Breach of Contract Costs and Interest Awards

Case Brief

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Parties

Seyani Brothers & Co. Ltd

Claimant

Prestine Properties Limited

Respondent

Procedural Posture

Miscellaneous Commercial Cause / Application for Registration and Enforcement of Arbitral Award

Legal Issues

  1. 1 Whether the arbitral award dated 30th June 2020 should be registered and enforced as a judgment of the court
  2. 2 Whether the respondent's challenge to the award under section 74(1) of the Arbitration Act, Cap.15 R.E 2020 has merit
  3. 3 Entitlement of the claimant to losses, expenses, and costs as awarded by the arbitral tribunal

Ratio Decidendi

The respondent's challenge to the arbitral award was dismissed, and the court found no legal impediment to registering and enforcing the award as a judgment of the court. The claimant is entitled to the reliefs, losses, expenses, and costs as awarded by the arbitral tribunal.

Court Disposition

application granted; arbitral award registered and enforced as judgment of the court

Orders

  • Certificate of Practical Completion issued on 10th September 2015 declared illegal and invalid
  • Only 59 days out of 815 days qualify for extension under Cl.26.2, with a further 300 days granted for delay in architect's decision