aman centre for street children vs viso construction co ltd 2012 tzhccomd 46 20 february 2012

aman centre for street children vs viso construction co ltd 2012 tzhccomd 46 20 february 2012

Failure by the Petitioner to annex the arbitration award or a certified copy thereof to the petition, as mandatorily required by Rule 8 of the Arbitration Rules, 1957, renders the petition incompetent, null and void, and it must be struck out.

Citation
aman centre for street children vs viso construction co ltd 2012 tzhccomd 46 20 february 2012
Parties
Petitioner: Amani Centre for Street Children; Respondent: VISO Construction Co Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
20 February 2012
Procedural Posture
Miscellaneous Commercial Cause (preliminary Objection) / Ruling on Preliminary Objection
Outcome
Petition struck out with costs
Legal Topics
Arbitration Award Filing, Mandatory Procedural Requirements, Annexure of Award to Petition, Abuse of Process
Source Language
English
Arbitration Civil Procedure Commercial Law Arbitration Award Filing Mandatory Procedural Requirements Annexure of Award to Petition Abuse of Process

Case Brief

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Parties

Amani Centre for Street Children

Petitioner

VISO Construction Co Ltd

Respondent

Procedural Posture

Miscellaneous Commercial Cause (preliminary Objection) / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to annex the arbitration award or certified copy to the petition renders the petition incompetent
  2. 2 Whether the petition was properly filed in accordance with Rule 8 of the Arbitration Rules, 1957

Ratio Decidendi

Failure by the Petitioner to annex the arbitration award or a certified copy thereof to the petition, as mandatorily required by Rule 8 of the Arbitration Rules, 1957, renders the petition incompetent, null and void, and it must be struck out.

Court Disposition

Petition struck out with costs

Orders

  • The petition is struck out for incompetence due to failure to annex the award or certified copy as required by law.
  • Petitioner to pay costs.