acmirs consulting ltd vs medical store department another 2024 tzhccomd 13 23 february 2024

acmirs consulting ltd vs medical store department another 2024 tzhccomd 13 23 february 2024

The preliminary objection is overruled because the limitation issue requires evidence to determine the relevant date, making it not a pure point of law suitable for determination at this stage.

Citation
acmirs consulting ltd vs medical store department another 2024 tzhccomd 13 23 february 2024
Parties
Claimant: ACMIRS Consulting Limited; 1st Respondent: Medical Stores Department; 2nd Respondent: The Attorney General
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
23 February 2024
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Preliminary Objection
Outcome
preliminary objection overruled
Legal Topics
Registration of Arbitral Award, Time Limitation, Preliminary Objection
Source Language
English

Case Brief

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Parties

ACMIRS Consulting Limited

Claimant

Medical Stores Department

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Preliminary Objection

  1. 1 Whether the application for filing the final arbitral award is time barred under Section 17 of the Arbitration Act and Part III of the Law of Limitation Act
  2. 2 From which date should the limitation period for filing the arbitral award be computed

Ratio Decidendi

The preliminary objection is overruled because the limitation issue requires evidence to determine the relevant date, making it not a pure point of law suitable for determination at this stage.

Court Disposition

preliminary objection overruled

Orders

  • Each party shall bear its own costs