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
Summary, issues, holding and outcome
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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
Legal Issues
- 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 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
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