20060721 TZCA Dar es Salaam

20060721 TZCA Dar es Salaam

The refusal to stay proceedings pending arbitration finally determined the petition by barring the parties from arbitration, thus constituting a final order appealable under Section 5(2)(d) of the Appellate Jurisdiction Act, 1979 as amended.

Source-derived case information.

Citation
20060721 TZCA Dar es Salaam
Parties
Appellant: Tanzania Motor Services Ltd; Appellant: Presidential Parastatal Sector Reform Commission; Respondent: Mehar Singh t/a Thaker Singh
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 July 2006
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed with costs
Legal Topics
Arbitration Clause Enforcement, Finality of Orders, Appealability of Interlocutory Decisions
Source Language
english
Arbitration Civil Procedure Arbitration Clause Enforcement Finality of Orders Appealability of Interlocutory Decisions

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Parties

Tanzania Motor Services Ltd

Appellant

Presidential Parastatal Sector Reform Commission

Appellant

Mehar Singh t/a Thaker Singh

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court's refusal to stay proceedings pending arbitration was a final or interlocutory order under Section 5(2)(d) of the Appellate Jurisdiction Act, 1979 as amended
  2. 2 Whether a petition for stay under the Arbitration Act constitutes a 'suit'

Ratio Decidendi

The refusal to stay proceedings pending arbitration finally determined the petition by barring the parties from arbitration, thus constituting a final order appealable under Section 5(2)(d) of the Appellate Jurisdiction Act, 1979 as amended.

Court Disposition

preliminary objection dismissed with costs

Orders

  • Preliminary objection dismissed
  • Costs awarded to appellants