ms moshi urban water supply sanitation authority vs ms secularms 2019 tzhccomd 14 14 february 2019

ms moshi urban water supply sanitation authority vs ms secularms 2019 tzhccomd 14 14 february 2019

Failure to annex an original or certified true copy of the arbitration submission to the petition is a fatal defect under Rule 8 of the Arbitration Rules, rendering the petition incompetent and liable to be struck out.

Citation
ms moshi urban water supply sanitation authority vs ms secularms 2019 tzhccomd 14 14 february 2019
Parties
Petitioner: Moshi Urban Water Supply and Sanitation Authority (MUWASA); Respondent: Secularms (T) Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
14 February 2019
Procedural Posture
Miscellaneous Commercial Application / Ruling on Preliminary Objection
Outcome
Petition struck out with costs
Legal Topics
Stay of Proceedings, Arbitration Agreement, Procedural Compliance, Annexures to Petition
Source Language
English
Arbitration Civil Procedure Stay of Proceedings Arbitration Agreement Procedural Compliance Annexures to Petition

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Parties

Moshi Urban Water Supply and Sanitation Authority (MUWASA)

Petitioner

Secularms (T) Limited

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to annex an original or certified true copy of the arbitration submission renders the petition incompetent under Rule 8 of the Arbitration Rules, G.N No. 427 of 1957

Ratio Decidendi

Failure to annex an original or certified true copy of the arbitration submission to the petition is a fatal defect under Rule 8 of the Arbitration Rules, rendering the petition incompetent and liable to be struck out.

Court Disposition

Petition struck out with costs

Orders

  • The petition is struck out for failure to comply with Rule 8 of the Arbitration Rules, G.N No. 427 of 1957
  • Petitioner to pay costs