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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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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north mara gold mines ltd vs diamond motors ltd 2023 tzhccomd 320 4 september 2023

Court

TZHCCOMD

The High Court stayed winding-up proceedings and referred the dispute to arbitration after finding the underlying debt was bona fide disputed.

• Stay of proceedings
• Arbitration agreement enforcement
• Winding up of companies
• Disputed debt
• Stay-of-proceedings
• Arbitration-agreement-enforcement

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