african agricultural technology foundation vs tanseed international ltd 2018 tzhccomd 100 13 july 2018

african agricultural technology foundation vs tanseed international ltd 2018 tzhccomd 100 13 july 2018

The petition filed by the respondent at the High Court does not challenge the arbitral award, as it was filed before the award was presented for registration and does not seek to set aside or remit the award. Therefore, the award is enforceable as a decree of the court.

Citation
african agricultural technology foundation vs tanseed international ltd 2018 tzhccomd 100 13 july 2018
Parties
Claimant: African Agricultural Technology Foundation; Respondent: Tanseed International Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
13 July 2018
Procedural Posture
Miscellaneous Commercial Case / Ruling on Registration and Enforcement of Arbitral Award
Outcome
award registered and decree issued in favour of claimant
Legal Topics
Registration of Arbitral Award, Stay of Proceedings, Enforcement of Arbitral Award, Breach of Contract
Source Language
English
Arbitration Commercial Law Registration of Arbitral Award Stay of Proceedings Enforcement of Arbitral Award Breach of Contract

Case Brief

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Parties

African Agricultural Technology Foundation

Claimant

Tanseed International Limited

Respondent

Procedural Posture

Miscellaneous Commercial Case / Ruling on Registration and Enforcement of Arbitral Award

Legal Issues

  1. 1 Whether the arbitral award should be registered and enforced as a decree of the court
  2. 2 Whether the pending petition at the High Court challenges the arbitral award

Ratio Decidendi

The petition filed by the respondent at the High Court does not challenge the arbitral award, as it was filed before the award was presented for registration and does not seek to set aside or remit the award. Therefore, the award is enforceable as a decree of the court.

Court Disposition

award registered and decree issued in favour of claimant

Orders

  • The respondent is in breach of the Sub-grant Agreement and the First Amendment thereto by failing to complete all agreed milestones within the time provided.
  • The respondent shall refund to the claimant the sum of USD 148,000.00.