prestine properties limited vs seyani brothers and co ltd 2021 tzhccomd 3400 15 november 2021

prestine properties limited vs seyani brothers and co ltd 2021 tzhccomd 3400 15 november 2021

The Petitioner's failure to raise objections regarding jurisdiction, procedure, and appointment of arbitrators during the arbitral proceedings constituted a waiver of those objections. The tribunal's conduct did not amount to serious irregularity under the Arbitration Act, Cap.15 R.E 2020. Evaluation of evidence and framing of issues are within the tribunal's discretion and not grounds for setting aside the award. The Petition lacked merit and was dismissed with costs.

Citation
prestine properties limited vs seyani brothers and co ltd 2021 tzhccomd 3400 15 november 2021
Parties
Petitioner: Prestine Properties Limited; Respondent: Seyani Brothers & Co. Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
15 November 2021
Procedural Posture
Petition to Set Aside Arbitral Award / Ruling on Merits
Outcome
Petition dismissed with costs
Legal Topics
Setting Aside Arbitral Award, Jurisdiction of Arbitral Tribunal, Procedural Irregularity, Natural Justice, Appointment of Arbitrators, Evaluation of Evidence
Source Language
English
Arbitration Construction Law Setting Aside Arbitral Award Jurisdiction of Arbitral Tribunal Procedural Irregularity Natural Justice Appointment of Arbitrators Evaluation of Evidence

Case Brief

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Parties

Prestine Properties Limited

Petitioner

Seyani Brothers & Co. Ltd

Respondent

Procedural Posture

Petition to Set Aside Arbitral Award / Ruling on Merits

Legal Issues

  1. 1 Whether the arbitral tribunal lacked substantive jurisdiction
  2. 2 Whether there were procedural irregularities in the appointment of arbitrators and conduct of proceedings
  3. 3 Whether the tribunal failed to properly frame issues or consider evidence

Ratio Decidendi

The Petitioner's failure to raise objections regarding jurisdiction, procedure, and appointment of arbitrators during the arbitral proceedings constituted a waiver of those objections. The tribunal's conduct did not amount to serious irregularity under the Arbitration Act, Cap.15 R.E 2020. Evaluation of evidence and framing of issues are within the tribunal's discretion and not grounds for setting aside the award. The Petition lacked merit and was dismissed with costs.

Court Disposition

Petition dismissed with costs

Orders

  • Petition dismissed
  • Costs awarded to the Respondent