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Tanzania decisions
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The High Court overruled a preliminary objection that the petition’s annextures were uncertified, holding the objection required factual inquiry and was not purely legal.
The High Court overruled a preliminary objection in an arbitration matter, holding that certification of annexures raised factual issues unsuitable for determination at that stage.
The High Court granted leave to enforce an arbitral award, rejecting objections on limitation, lack of verifying affidavit, and certification of the award.
The Court of Appeal at Zanzibar overruled preliminary objections challenging the appeal record, holding the defects were curable and did not make the appeal incompetent.
The Court of Appeal allowed an appeal over unpaid supply invoices, holding that the respondent’s letter admitted the debt and supported default judgment.
A witness need not be the maker or addressee to tender a document if he is conversant with it and had possession; however, public documents must comply with certification and fee requirements before admission. The plaintiff is ordered to comply with Section 85(1) before the document can be admitted.
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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.
The High Court struck out a petition to set aside an arbitral award for failing to comply with mandatory Rule 8 filing requirements.
All preliminary objections lack merit as the petition raises allegations of misconduct, which are valid grounds for setting aside an arbitral award under the Arbitration Act. Certification requirements were met, the finality clause does not oust statutory review, the need for board resolution is not a pure point of law, and functus officio does not apply as the court has not yet decided the misconduct issue.
Source excerpt
The Court of Appeal overruled a preliminary objection challenging the appeal as incompetent for alleged record defects, variance in appeal documents, and delay certificate issues.
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