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Tanzania decisions
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The Court of Appeal held that cancellation of JL Consultancy’s registration justified termination, but it was still owed the unpaid 30% balance for October 2017.
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.
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Court of Appeal of Tanzania held that JRT and its guarantor remained liable on a secured loan, but KCBL must account for seized but unsold assets.
High Court Land Division ruling dismissing an application for temporary injunction in a lease dispute, finding no irreparable loss and balance of convenience against the applicant.
The arbitral award was improperly procured because the claim was brought against a non-existent entity, and the arbitrator's amendment of pleadings to substitute the respondent's name constituted misconduct and serious irregularity, rendering the proceedings incompetent.
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Commercial contract dispute over fleet-operation services and employment agency compliance. The High Court found both parties breached, but awarded limited proven amounts to the plaintiff.
The Court of Appeal upheld dismissal of an application to set aside an arbitral award, finding no misconduct or error of law apparent on the face of the award.
Delay was caused by technical reasons beyond applicant's control, not by dilatory conduct; applicant acted promptly after appeal was struck out; sufficient cause established for extension of time.
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The District Court erred in law and fact by ordering the appellant to pay the remaining balance with compensation, as the contract did not specify a time for final payment and there was no proof of loss occasioned by delay. The respondent could not terminate the contract or claim damages without such proof.
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The court found that the arbitration clause covered disputes between the parties, including termination, and the petitioner failed to prove otherwise. The Attorney General's full participation in the arbitration satisfied statutory requirements, despite not formally signing the submission. No evidence of arbitrator misconduct or improper procurement was shown. The grounds for setting aside the award under Section 16 of the Arbitration Act were not met. The petition was dismissed with costs.
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