nam enterprises ltd vs kariakoo market corporation 2012 tzhccomd 59 20 june 2012

nam enterprises ltd vs kariakoo market corporation 2012 tzhccomd 59 20 june 2012

The application for stay of proceedings was incompetent due to procedural defects and the applicant's waiver of arbitration by filing a written statement of defence and participating in court proceedings; therefore, the matter should not be referred to arbitration.

Citation
nam enterprises ltd vs kariakoo market corporation 2012 tzhccomd 59 20 june 2012
Parties
Respondent/plaintiff: NAM Enterprises Limited; Applicant/defendant: Kariakoo Market Corporation
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
20 June 2012
Procedural Posture
Application for Stay of Proceedings / Ruling on Application
Outcome
application dismissed with costs
Legal Topics
Stay of Proceedings, Arbitration Clause, Procedure Under Arbitration Act, Waiver of Arbitration, Contract Expiration
Source Language
English
Arbitration Contract Law Civil Procedure Stay of Proceedings Arbitration Clause Procedure Under Arbitration Act Waiver of Arbitration Contract Expiration

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Parties

NAM Enterprises Limited

Respondent/plaintiff

Kariakoo Market Corporation

Applicant/defendant

Procedural Posture

Application for Stay of Proceedings / Ruling on Application

Legal Issues

  1. 1 Whether the proceedings should be stayed and referred to arbitration as per the agreement between the parties
  2. 2 Whether the application for stay was properly brought under the relevant legal provisions
  3. 3 Whether the applicant waived the right to arbitration by taking steps in court proceedings

Ratio Decidendi

The application for stay of proceedings was incompetent due to procedural defects and the applicant's waiver of arbitration by filing a written statement of defence and participating in court proceedings; therefore, the matter should not be referred to arbitration.

Court Disposition

application dismissed with costs

Orders

  • application for stay of proceedings dismissed
  • costs awarded to respondent