alliance media t ltd vs monier 2000 ltd 2005 tzhccomd 37 16 august 2005

alliance media t ltd vs monier 2000 ltd 2005 tzhccomd 37 16 august 2005

Part of the respondent's claim (printing works) falls within the Sale of Assets Agreement and arbitration clause, but another part (crane) does not. The petitioner has not satisfied all conditions for stay, particularly willingness to arbitrate and timely invocation of arbitration. The petition is dismissed as the claims are not wholly referable to arbitration and to avoid unnecessary delay and technicalities.

Citation
alliance media t ltd vs monier 2000 ltd 2005 tzhccomd 37 16 august 2005
Parties
Petitioner/defendant: Alliance Media (Tanzania) Limited; Respondent/plaintiff: Monier 2000 Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
16 August 2005
Procedural Posture
Petition Under Arbitration Act / Ruling on Application for Stay of Suit Pending Reference to Arbitration
Outcome
petition dismissed with costs
Legal Topics
Stay of Proceedings, Arbitration Agreement, Breach of Contract, Enforceability of Arbitration Clause
Source Language
English
Arbitration Contract Law Commercial Law Stay of Proceedings Arbitration Agreement Breach of Contract Enforceability of Arbitration Clause

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 9 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Alliance Media (Tanzania) Limited

Petitioner/defendant

Monier 2000 Limited

Respondent/plaintiff

Procedural Posture

Petition Under Arbitration Act / Ruling on Application for Stay of Suit Pending Reference to Arbitration

Legal Issues

  1. 1 Whether the claims in the suit are covered by or arise out of the Sale of Assets Agreement between the parties
  2. 2 Whether the petitioner has made out a case for the granting of the stay of the suit pending reference to arbitration

Ratio Decidendi

Part of the respondent's claim (printing works) falls within the Sale of Assets Agreement and arbitration clause, but another part (crane) does not. The petitioner has not satisfied all conditions for stay, particularly willingness to arbitrate and timely invocation of arbitration. The petition is dismissed as the claims are not wholly referable to arbitration and to avoid unnecessary delay and technicalities.

Court Disposition

petition dismissed with costs

Orders

  • The petition is dismissed with costs.