bng jariwalla and others vs zad investment 2020 tzhc 1336 18 june 2020

bng jariwalla and others vs zad investment 2020 tzhc 1336 18 june 2020

As there was no objection from the respondent and the arbitral award complied with statutory requirements, the court registered the award as a decree for enforcement.

Citation
bng jariwalla and others vs zad investment 2020 tzhc 1336 18 june 2020
Parties
Petitioner: Mrs. B.N.G Jariwalla; Petitioner: Mr. Shabir N.G Jariwalla; Petitioner: Mohamed Jariwalla; Respondent: ZAD Investment
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 June 2020
Procedural Posture
Miscellaneous Civil Application (arbitration Award Registration) / Ex Parte Ruling on Registration of Arbitral Award as Court Decree
Outcome
Arbitral award registered as decree of the High Court for enforcement
Legal Topics
Enforcement of Arbitral Awards, Lease Agreements, Breach of Contract
Source Language
English
Arbitration Civil Procedure Contract Law Enforcement of Arbitral Awards Lease Agreements Breach of Contract

Case Brief

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Parties

Mrs. B.N.G Jariwalla

Petitioner

Mr. Shabir N.G Jariwalla

Petitioner

Mohamed Jariwalla

Petitioner

ZAD Investment

Respondent

Procedural Posture

Miscellaneous Civil Application (arbitration Award Registration) / Ex Parte Ruling on Registration of Arbitral Award as Court Decree

Legal Issues

  1. 1 Whether the arbitral award should be registered as a decree of the High Court for enforcement
  2. 2 Whether the arbitral award is valid and enforceable

Ratio Decidendi

As there was no objection from the respondent and the arbitral award complied with statutory requirements, the court registered the award as a decree for enforcement.

Court Disposition

Arbitral award registered as decree of the High Court for enforcement

Orders

  • Arbitral award registered as decree of the High Court
  • Costs of the application to conform with outcome of arbitral proceedings