costantine stephen kalipeni vs tarek hani farhat 2019 tzhccomd 140 23 april 2019

costantine stephen kalipeni vs tarek hani farhat 2019 tzhccomd 140 23 april 2019

Failure to comply with Rule 8 of the Arbitration Rules GN No. 427 of 1957 by not annexing original or certified copy of the arbitration agreement is fatal and renders the petition incompetent.

Citation
costantine stephen kalipeni vs tarek hani farhat 2019 tzhccomd 140 23 april 2019
Parties
Petitioner: Constantine Stephen Kalipeni; Respondent: Tarek Hani Farhat
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
23 April 2019
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Stay of Proceedings, Certification of Documents, Arbitration Agreement
Source Language
English
Arbitration Civil Procedure Stay of Proceedings Certification of Documents Arbitration Agreement

Case Brief

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Parties

Constantine Stephen Kalipeni

Petitioner

Tarek Hani Farhat

Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to annex original or certified copy of the arbitration submission/agreement to the petition is fatal

Ratio Decidendi

Failure to comply with Rule 8 of the Arbitration Rules GN No. 427 of 1957 by not annexing original or certified copy of the arbitration agreement is fatal and renders the petition incompetent.

Court Disposition

Application struck out with costs

Orders

  • Application struck out
  • Petitioner to pay costs