Tanzania Case Law

VODACOM TANZANIA PUBLIC LIMITED V

Court

TANZLII

The trial court proceedings, judgment, and decree are a nullity because the witness statement was not properly adopted into evidence and the parties failed to comply with the agreed dispute resolution and arbitration procedures under their contract. The parties are bound by their arbitration clause, and the matter must be referred to arbitration as per their agreement.

Source excerpt

• Contract termination
• Arbitration clause enforcement
• Admissibility of evidence
• Witness statement procedure

Read case analysis

AZANIA BANK LTD ANOTHER VS GRILL HOUSE LTD 4 OTHERS COMM CASE NO

Court

TANZLII

The court referred the dispute to arbitration pursuant to the parties' agreement, holding that the arbitration clause is valid and binding, and that neither section 14 nor section 15 of the Arbitration Act was triggered by party application, but the court may exercise inherent judicial case management powers to enforce the arbitration clause. The suit cannot proceed in court and is outside its cognizance. The issue of witness statement service is moot as the matter is referred to arbitration.

Source excerpt

• Arbitration clause enforcement
• Stay of proceedings
• Case management
• Party autonomy
• Jurisdiction
• Service of witness statements

Read case analysis

leisure tours and holidays ltd vs market insight ltd 2022 tzhccomd 406 22 december 2022

Court

TZHCCOMD

A Tanzanian Commercial Division ruling struck out a suit as premature because the dispute had not first been referred to arbitration under the contract.

• Arbitration clause enforcement
• Prematurity of suit
• Jurisdictional bar
• Consequential orders
• Arbitration-clause-enforcement
• Premature-suit

Read case analysis

peter leina assenga vs national housing corporation and another 2021 tzhclandd 572 20 july 2021

Court

TANZLII

The court held that the applicable law was the Arbitration Act, Cap. 15 R.E. 2002 as revised, and that the 1st defendant properly applied for a stay of proceedings before filing a defence, in accordance with the arbitration clause in the agreement. The court found no legal bar to making the application orally before the trial judge and emphasized that parties are bound by their agreed dispute resolution mechanisms.

Source excerpt

• Stay of proceedings
• Arbitration clause enforcement
• Dispute resolution mechanisms
• Interpretation of arbitration statutes

Read case analysis

yara t ltd vs db shapriya co ltd 2019 tzhccomd 176 4 september 2019

Court

TZHCCOMD

Application for extension of time to file notice of appeal struck out as redundant because related appeals and the main commercial case had already overtaken it.

• Extension of time
• Appealability of orders
• Arbitration clause enforcement
• Stay of proceedings
• Extension-of-time
• Appealability

Read case analysis

20180531 TZCA Dar es Salaam

Court

TZCA

The Court of Appeal struck out a revision application, holding that the High Court order refusing a stay pending arbitration was appealable and revision was inappropriate.

• Revision jurisdiction
• Appealable orders
• Arbitration clause enforcement
• Stay of proceedings
• Revision-jurisdiction
• Appealable-orders

Read case analysis

20160630 TZHC Dar es Salaam

Court

TZHC

The High Court lacks jurisdiction to grant a stay of proceedings in Commercial Case No. 168 of 2014 because a notice of appeal has been filed in respect of Miscellaneous Commercial Cause No. 128 of 2015, and the matter is now within the jurisdiction of the Court of Appeal. Furthermore, the application lacks merit as there is no evidence of an actual appeal being filed, and granting a stay would unjustifiably delay justice.

Source excerpt

• Stay of proceedings
• Jurisdiction
• Appealability of orders
• Arbitration clause enforcement

Read case analysis

DB SHAPRIYA CO LTD VS YARA T LTD MISC

Court

TANZLII

The obligation to initiate arbitration is a joint responsibility of both parties under the contract and the law. Since neither party took steps to initiate arbitration within the 30-day stay period, and neither sought an extension, the stay lapsed and the court proceedings, including the application for temporary injunction, resumed. The court is not functus officio as the stay was not a final order.

Source excerpt

• Arbitration clause enforcement
• Stay of proceedings
• Temporary injunction
• Jurisdiction of court post-arbitration stay

Read case analysis

SYMBION POWER LLC VS SALEM COSTRICTION LTD MISC

Court

TANZLII

The High Court lacks jurisdiction to stay proceedings in Commercial Case No. 168 of 2014 due to the notice of appeal filed in respect of Miscellaneous Commercial Cause No. 128 of 2015; the application is dismissed as the court cannot grant orders incidental to a matter under appeal.

Source excerpt

• Stay of proceedings
• Jurisdiction
• Appeals
• Arbitration clause enforcement

Read case analysis

off route technologies ltd another vs magamba coal ltd 3 others 2011 tzhccomd 2103 19 july 2011

Court

TZHCCOMD

The High Court stayed the commercial suit pending arbitration, holding that the investment agreement’s arbitration clause was broad and enforceable.

• Arbitration clause enforcement
• Stay of proceedings
• Proper citation of law
• Jurisdiction
• Preliminary objections
• Arbitration-clause-enforcement

Read case analysis