Tanzania Case Law

COMPUTER CENTRE

Court

TANZLII

The existence of a valid arbitration agreement requires parties to resolve disputes through arbitration before approaching the court. The Plaintiff should have invoked the court's supervisory powers to facilitate arbitration rather than filing suit. The preliminary objection is upheld and the matter is referred to arbitration, disposing of the suit before the court.

Source excerpt

• Arbitration agreement enforcement
• Preliminary objection
• Jurisdiction
• Contractual dispute resolution clauses

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MCA 32571 PRESTIGE VS STANDARD

Court

TANZLII

The subordinate court lacked jurisdiction to entertain the suit and grant interim orders while a petition to revoke the arbitration clause was pending in the High Court, as the contract required disputes to be resolved by arbitration and the High Court had not yet granted leave to proceed in the classical court. The preliminary objections raised by the respondent were without merit.

Source excerpt

• Jurisdiction
• Arbitration clause
• Injunctions
• Abuse of process
• Preliminary objections

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final THOBIAS LEON MOSHI Tanzili

Court

TANZLII

The court lacks jurisdiction to grant temporary injunction as no proper arbitral proceedings were commenced; the notice served did not qualify as a request for arbitration under the law.

Source excerpt

• Jurisdiction
• Temporary injunction
• Lease agreement
• Arbitration proceedings

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METL

Court

TANZLII

The court held that it has jurisdiction to grant interim relief in support of foreign-seated arbitration because the alleged breaches and subject matter are situated in Tanzania, and the arbitration agreement permits recourse to ordinary courts for interim measures. The applicant satisfied the requirements for an interim injunction: there is a serious question to be tried, irreparable harm is likely if the injunction is not granted, and the balance of convenience favors the applicant. The absence of a counter affidavit from the respondent further supported granting the ex parte order.

Source excerpt

• Interim injunction
• Jurisdiction of courts
• Arbitration agreements
• Exclusive distributorship
• Breach of contract

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ADACI HOLDINGS LTD SCANNED

Court

TANZLII

The High Court granted a Mareva interim injunction, preserving status quo over leased land pending arbitration after finding a prima facie case, irreparable loss, and balance of convenience.

• Mareva injunction
• Interim injunction
• Lease agreement
• Irreparable loss
• Balance of convenience
• Mareva-injunction

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CANOPIES V TARURA

Court

TANZLII

The Court lacks jurisdiction to entertain the petition to set aside the arbitral award after it has been registered, recognized, and enforced as a decree; the Court is functus officio and cannot revisit the merits of the award.

Source excerpt

• Setting aside arbitral award
• Functus officio
• Procedural irregularity
• Jurisdiction

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MASWI DRILLING RULING

Court

TANZLII

The parties' contract expressly required disputes to be resolved first by adjudication and then by arbitration. The respondent failed to exhaust these mechanisms before filing suit. The court's role is to enforce the contract, not to alter its terms. Therefore, the proceedings must be stayed to allow arbitration.

Source excerpt

• Stay of proceedings
• Arbitration agreement enforcement
• Dispute resolution clauses
• Retention money claims

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linyungang zhongfu lianzhong composites group co ltd another vs mtibwa sugar estates ltd 2024 tzhccomd 31 15 march 2024

Court

TZHCCOMD

The application for registration and enforcement of the foreign arbitral award was filed after the expiry of the six-month limitation period prescribed by law. Withdrawal of the earlier application with liberty to refile did not stop the limitation period from running, as per Order XXIII Rule 2 of the Civil Procedure Code. Section 21(2) of the Law of Limitation Act does not apply because the withdrawal was not due to a defect of jurisdiction or similar cause. Therefore, the application is time-barred and must be dismissed.

Source excerpt

• Enforcement of foreign arbitral awards
• Limitation period for registration of arbitral awards
• Withdrawal and refiling of applications
• Interpretation of limitation statutes

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the honourable attorney general vs ayoub farid michel saab 2024 tzhccomd 32 15 march 2024

Court

TZHCCOMD

The High Court recognized and enforced an ICSID costs order against the respondent, entering judgment in terms of the award and ordering payment of USD 100,000.

• Recognition and enforcement of foreign arbitral awards
• Bilateral investment treaty arbitration
• Costs and fees in arbitration
• Jurisdiction of tanzanian courts over foreign awards
• Recognition-enforcement-foreign-arbitral-awards
• Icsid-arbitration

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PDFTCMSource9j7ud

Court

TANZLII

The application for recognition and enforcement of the arbitral award was filed beyond the 60 days limitation period prescribed by Item 21 of Part III of the Schedule to the Law of Limitation Act for applications under the Arbitration Act; therefore, the application is time barred and must be dismissed.

Source excerpt

• Recognition and enforcement of arbitral awards
• Time limitation for filing arbitral awards
• Jurisdictional objections
• Application of limitation act to arbitration act

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