ma kharaf sons ltd vs national constructions councils others 2017 tzhccomd 7 3 may 2017

ma kharaf sons ltd vs national constructions councils others 2017 tzhccomd 7 3 may 2017

All preliminary objections raised were not pure points of law or were inapplicable; the petition is an application, not a pleading, and Order VI Rule 14 does not apply; the limitation period issue is mixed with fact and law and cannot be determined as a preliminary objection; thus, all objections are dismissed and the petition proceeds to hearing.

Citation
ma kharaf sons ltd vs national constructions councils others 2017 tzhccomd 7 3 may 2017
Parties
Petitioner: M.A Kharafi & Sons Limited; 1st Respondent: National Construction Councils; 2nd Respondent: QS Shaibu S. Likumbo; 3rd Respondent: Sanasi Construction
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
3 May 2017
Procedural Posture
Miscellaneous Commercial Case (arbitration Related) / Ruling on Preliminary Objections
Outcome
preliminary objections dismissed
Legal Topics
Removal of Arbitrator, Preliminary Objections, Misconduct of Arbitrator, Limitation Period, Pleadings and Applications
Source Language
English
Arbitration Civil Procedure Removal of Arbitrator Preliminary Objections Misconduct of Arbitrator Limitation Period Pleadings and Applications

Case Brief

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Parties

M.A Kharafi & Sons Limited

Petitioner

National Construction Councils

1st Respondent

QS Shaibu S. Likumbo

2nd Respondent

Sanasi Construction

3rd Respondent

Procedural Posture

Miscellaneous Commercial Case (arbitration Related) / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the petition was properly before the court under Section 18 of the Arbitration Act
  2. 2 Whether failure to sign the petition contravened Order VI Rule 14 of the Civil Procedure Code
  3. 3 Whether the matter was overtaken by events

Ratio Decidendi

All preliminary objections raised were not pure points of law or were inapplicable; the petition is an application, not a pleading, and Order VI Rule 14 does not apply; the limitation period issue is mixed with fact and law and cannot be determined as a preliminary objection; thus, all objections are dismissed and the petition proceeds to hearing.

Court Disposition

preliminary objections dismissed

Orders

  • Preliminary objections overruled with costs
  • Petition to proceed to hearing