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Tanzania decisions
Decisions matching the current search
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.
The High Court overruled a preliminary objection that an application to file an arbitral award was time-barred, holding that limitation questions required evidence.
Petition challenging an arbitral award was struck out as prematurely filed, before the award had been filed for recognition and enforcement. Costs were ordered at 50%.
The court held the revision application was premature because no CMA arbitration award had been made, and returned the file to CMA for arbitration.
The High Court sustained a preliminary objection, holding the suit premature because the arbitral award had not been registered and no decree had issued.
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.
The High Court allowed an application to extend time to register an arbitral award, holding that the respondent’s settlement efforts revived limitation.
The arbitrator erred by proceeding to hear and determine a dispute that was not mediated as required by law and based on a defective CMA F1; the mediator and arbitrator were bound by the pleadings and could not change the nature of the dispute without proper amendment and mediation.
Source excerpt
The High Court held that a foreign arbitral award could be brought by letter under Regulation 51(5), but struck out the application because the tribunal proceedings were not attached.
The High Court set aside an arbitral award after finding unilateral communication between the arbitrator and one party, amounting to serious irregularity.
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