SALEEKA APARTMENT LTD VS SCANAD T LTD MISC

SALEEKA APARTMENT LTD VS SCANAD T LTD MISC

The respondent's use of an affidavit to challenge the filing of the arbitral award was procedurally improper under the Arbitration Act and Rules, and the defect is incurable. The affidavit is struck out, and the arbitral award is registered as a decree of the court.

Citation
SALEEKA APARTMENT LTD VS SCANAD T LTD MISC
Parties
Claimant: Saleeka Apartment Limited; Respondent: Scanad (T) Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2012
Procedural Posture
Miscellaneous Commercial Cause (arbitration) / Ruling on Preliminary Objections
Outcome
preliminary objections upheld; respondent's affidavit struck out; arbitral award registered as court decree
Legal Topics
Procedure for Challenging Arbitral Award, Registration of Arbitral Award as Court Decree, Preliminary Objections, Misapplication of Procedural Law
Source Language
English
Arbitration Civil Procedure Procedure for Challenging Arbitral Award Registration of Arbitral Award as Court Decree Preliminary Objections Misapplication of Procedural Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Saleeka Apartment Limited

Claimant

Scanad (T) Limited

Respondent

Procedural Posture

Miscellaneous Commercial Cause (arbitration) / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the respondent's counter affidavit is procedurally proper to challenge the filing of the arbitral award
  2. 2 Whether citing the wrong law in the counter affidavit renders it defective

Ratio Decidendi

The respondent's use of an affidavit to challenge the filing of the arbitral award was procedurally improper under the Arbitration Act and Rules, and the defect is incurable. The affidavit is struck out, and the arbitral award is registered as a decree of the court.

Court Disposition

preliminary objections upheld; respondent's affidavit struck out; arbitral award registered as court decree

Orders

  • The affidavit sworn by Yash Desai dated 19th September, 2012 is struck out with costs.
  • The arbitral award presented for filing on 27th August, 2012 is registered as a decree of the court and enforceable as such.