Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Tanzania decisions
Decisions matching the current search
The existence of a valid arbitration agreement in the sale contract obliges the court to stay proceedings and refer the parties to arbitration, as per statutory mandate and established case law. The court retains jurisdiction to make such referral but must respect the parties' contractual dispute resolution mechanism.
Source excerpt
Filing a counter affidavit and preliminary objection in interlocutory applications does not amount to taking steps in the main proceedings so as to waive the right to arbitration; the High Court was correct to stay proceedings and refer the matter to arbitration as per the parties' agreement.
Source excerpt
The Court held that it was not functus officio as the prior appeal (Civil Appeal No. 245 of 2018) did not determine the merits of the default judgment, and that the refusal to stay proceedings is appealable as of right. However, the appeal was struck out as premature because its utility depended on the outcome of related proceedings, and proceeding would create confusion and not serve the administration of justice.
Source excerpt
The High Court refused to stay commercial proceedings for arbitration, holding that a later 2019 agreement made the earlier South Africa arbitration clause inoperative.
The High Court declined to dismiss a stayed commercial suit after the parties failed to pursue ordered arbitration, instead discontinuing any arbitration and directing the suit to resume.
The High Court of Tanzania stayed a commercial suit for four months to allow arbitration under a sale agreement, but held the second petitioner was not covered by the clause.
The High Court held it lacked jurisdiction because the parties had agreed to resolve their dispute through arbitration and had not yet done so.
The Loan Agreement and Intercreditor Loan Agreement are intertwined and inseparable; the dispute in the main case involves the Intercreditor Loan Agreement, which contains a binding arbitration clause. All parties to the main case are parties to the Intercreditor Loan Agreement. Therefore, the conditions for stay of proceedings pending arbitration are met.
Source excerpt
The High Court held that failure to annex an original or certified arbitration agreement to a petition for stay of proceedings was fatal and struck out the application with costs.
Where there is an arbitration agreement and the applicant has not taken steps in the proceedings, the court must stay proceedings and refer the matter to arbitration, as the arbitration clause is severable and survives termination of the main contract. The presence of multiple defendants or third parties does not bar the right to stay. The petitioner is presumed ready and willing to arbitrate if no steps have been taken in the action.
Source excerpt
Explore more
