regional manager tanroads lindi vs db shaprya co ltd 2017 tzca 233 5 june 2017

The appeal is misconceived because the appellant failed to first exhaust the remedy of applying to set aside the ex parte order in the High Court before appealing to the Court of Appeal.

Citation: regional manager tanroads lindi vs db shaprya co ltd 2017 tzca 233 5 june 2017
Parties: Appellant: Regional Manager — TANROADS, Lindi; Respondent: DB Shapriya & Company Ltd
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 5 June 2017
Procedural Posture: Civil Appeal / Appeal From High Court Order on Arbitral Award Filing and Preliminary Objection
Outcome: Appeal struck out with costs
Legal Topics: Arbitral Award Filing, Setting Aside Arbitral Awards, Ex Parte Orders, Limitation Period for Challenging Awards
Source Language: English

Civil Procedure Arbitration Arbitral Award Filing Setting Aside Arbitral Awards Ex Parte Orders Limitation Period for Challenging Awards

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2

Parties

Regional Manager — TANROADS, Lindi

Appellant

DB Shapriya & Company Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order on Arbitral Award Filing and Preliminary Objection

Legal Issues

1 Whether the High Court erred in dismissing the appellant's petition to set aside the arbitral award as time-barred
2 Whether the High Court erred in declaring the arbitral award as a decree of the court
3 Whether the appeal was properly before the Court of Appeal without first exhausting remedies in the High Court

Ratio Decidendi

The appeal is misconceived because the appellant failed to first exhaust the remedy of applying to set aside the ex parte order in the High Court before appealing to the Court of Appeal.

Court Disposition

Appeal struck out with costs

Orders

The appeal is struck out with costs.