mahawi enterprises ltd vs serengeti breweries ltd 2019 tzhccomd 159 26 september 2019

mahawi enterprises ltd vs serengeti breweries ltd 2019 tzhccomd 159 26 september 2019

The petitioner failed to establish misconduct or improper procurement of the award; all grounds raised were essentially appeal grounds, not valid for setting aside under section 16 of the Arbitration Act.

Citation
mahawi enterprises ltd vs serengeti breweries ltd 2019 tzhccomd 159 26 september 2019
Parties
Petitioner: Mahawi Enterprises Limited; Respondent: Serengeti Breweries Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
26 September 2019
Procedural Posture
Miscellaneous Commercial Cause / Ruling
Outcome
petition dismissed with costs
Legal Topics
Setting Aside Arbitral Award, Misconduct, Improper Procurement, Costs in Arbitration
Source Language
English
Arbitration Commercial Law Setting Aside Arbitral Award Misconduct Improper Procurement Costs in Arbitration

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Parties

Mahawi Enterprises Limited

Petitioner

Serengeti Breweries Limited

Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling

Legal Issues

  1. 1 Whether the arbitral award was improperly procured
  2. 2 Whether the arbitrator misconducted himself
  3. 3 Whether the arbitrator wrongly assessed costs

Ratio Decidendi

The petitioner failed to establish misconduct or improper procurement of the award; all grounds raised were essentially appeal grounds, not valid for setting aside under section 16 of the Arbitration Act.

Court Disposition

petition dismissed with costs

Orders

  • petition dismissed
  • costs awarded to respondent