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Tanzania decisions
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Application for stay of execution dismissed because applicant failed to satisfy the cumulative requirement of furnishing security for due performance, despite meeting the conditions of substantial loss and timely filing.
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The application for stay of enforcement is not competent because the enforcement proceedings have already been determined by the High Court, and there is no pending appeal in respect of the decision sought to be stayed. Therefore, there is nothing before the Court to be stayed, and the application is overtaken by events.
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The Court of Appeal increased compensation for unfair termination from 12 to 24 months’ salaries, while leaving nominal damages rejected.
The High Court granted leave to appeal in an arbitration matter involving an unaccredited arbitrator, extension of time, and whether the award should be set aside or remitted.
Condonation was improperly granted as the respondent failed to provide sufficient reasons for delay and did not specify the date the dispute arose. The mediator lacked jurisdiction to grant condonation, rendering the proceedings and award a nullity.
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The High Court held that it could not continue staying a commercial suit after the parties had already arbitrated the same dispute and an award had issued.
The High Court set aside an arbitral award after finding the arbitrator misapplied the Architects and Quantity Surveyors By-Laws on travel time charges.
The appeal was struck out because the record of appeal was incomplete, lacking mandatory Rulings required by Rule 96(1) of the Tanzania Court of Appeal Rules, 2009, and no leave was obtained under Rule 96(3) to exclude them.
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