airtel tanzania limited vs cel solutions tanzania limited another 2016 tzhc 2147 31 august 2016

airtel tanzania limited vs cel solutions tanzania limited another 2016 tzhc 2147 31 august 2016

The petitioner failed to demonstrate overt acts evidencing willingness to refer the dispute to arbitration, relying only on bare assertions; thus, the application to stay proceedings pending arbitration lacks merit and is dismissed.

Citation
airtel tanzania limited vs cel solutions tanzania limited another 2016 tzhc 2147 31 august 2016
Parties
Petitioner: Airtel Tanzania Limited; 1st Respondent: Cel Solutions Tanzania Limited; 2nd Respondent: Samson Sylvester Zanny
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 August 2016
Procedural Posture
Miscellaneous Civil Application / Ruling on Application to Stay Proceedings Pending Arbitration
Outcome
application dismissed
Legal Topics
Stay of Proceedings, Arbitration Clause, Contractual Disputes, Joinder of Parties
Source Language
English
Civil Procedure Arbitration Stay of Proceedings Arbitration Clause Contractual Disputes Joinder of Parties

Case Brief

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Parties

Airtel Tanzania Limited

Petitioner

Cel Solutions Tanzania Limited

1st Respondent

Samson Sylvester Zanny

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application to Stay Proceedings Pending Arbitration

Legal Issues

  1. 1 Whether proceedings in Civil Case No. 214 of 2014 should be stayed pending arbitration under the National Dealership Agreement
  2. 2 Whether the application is incompetent due to lack of verifying affidavit
  3. 3 Whether citation of 'Arbitration Ordinance' instead of 'Arbitration Act' renders the application incompetent

Ratio Decidendi

The petitioner failed to demonstrate overt acts evidencing willingness to refer the dispute to arbitration, relying only on bare assertions; thus, the application to stay proceedings pending arbitration lacks merit and is dismissed.

Court Disposition

application dismissed

Orders

  • Civil Case No. 214/2014 to proceed on merits
  • Petitioner condemned to costs