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Tanzania decisions
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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.
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The proceedings at CMA were improperly recorded using acronyms and abbreviations, rendering them incoherent and incomprehensible. This occasioned injustice to the parties and made the award unsustainable. The court nullified the CMA proceedings, quashed and set aside the award, and ordered a retrial before a different arbitrator.
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The High Court granted an interim injunction to maintain the status quo in an arbitration-related commercial dispute, with no order as to costs.
The High Court restrained a bank from honouring performance and advance payment guarantees pending arbitration over a subcontract dispute.
The court held that since there is no fraud and the petitioner is not remedyless, irretrievable loss is not established. The bank guarantee is independent from the underlying contract, and the petitioner can pursue damages against AUWSA. Injunctive relief restraining the bank from honoring the guarantees is inappropriate.
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The Court of Appeal struck out an appeal from refusal of a temporary injunction, holding the order was interlocutory and did not finally determine the petition.
The High Court's dismissal of the application for temporary injunction was interlocutory and did not finally determine the pending petition; therefore, the appeal is barred by section 5(2)(d) of the Appellate Jurisdiction Act and is incompetent.
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The restraint order was not made in a suit under the Civil Procedure Code; therefore, section 5(1)(a) of the Appellate Jurisdiction Act does not apply, and leave to appeal was required under section 5(1)(c). As no leave was sought, the appeal is incompetent and must be struck out.
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The CMA failed to keep a proper record of arbitration proceedings as required by law, which vitiated the entire proceedings and resultant award.
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The High Court quashed a CMA award after finding the arbitration record was inadequate and the proceedings failed to meet statutory requirements.
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