19880310 TZHC Dar es Salaam

19880310 TZHC Dar es Salaam

The dispute between the parties arises out of the contract and falls within the scope of the arbitration clause. There are sufficient grounds advanced for preferring arbitration over court proceedings. Therefore, the proceedings should be stayed pending arbitration.

Citation
19880310 TZHC Dar es Salaam
Parties
Plaintiff/respondent: EAHAPA PROJECT LIMITED; Defendant/applicant: Uluguru Tailoring Cooperative Society Morogoro
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 March 1988
Procedural Posture
Application for Stay of Proceedings / Interlocutory Application Before Trial
Outcome
Application for stay of proceedings granted
Legal Topics
Stay of Proceedings, Arbitration Clause Enforcement, Construction Contract Dispute
Source Language
English
Arbitration Contract Law Stay of Proceedings Arbitration Clause Enforcement Construction Contract Dispute

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

EAHAPA PROJECT LIMITED

Plaintiff/respondent

Uluguru Tailoring Cooperative Society Morogoro

Defendant/applicant

Procedural Posture

Application for Stay of Proceedings / Interlocutory Application Before Trial

Legal Issues

  1. 1 Whether proceedings should be stayed pending arbitration under clause 39 of the contract agreement
  2. 2 Whether the dispute falls within the scope of the arbitration clause

Ratio Decidendi

The dispute between the parties arises out of the contract and falls within the scope of the arbitration clause. There are sufficient grounds advanced for preferring arbitration over court proceedings. Therefore, the proceedings should be stayed pending arbitration.

Court Disposition

Application for stay of proceedings granted

Orders

  • Suit stayed pending reference of the dispute to arbitration in accordance with clause 39 of the contract agreement and the Arbitration Ordinance (Cap 15)