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Tanzania decisions
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The application is incompetent for failure to attach a letter from the arbitral tribunal authorizing the applicant to file the award in court for recognition, as required by Regulation 51(4) and (5) of the Arbitration (Rules of Procedure) Regulations, 2021. The absence of such authorization renders the application fatally defective and liable to be struck out.
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The Labour Court has no statutory jurisdiction to exempt a party from paying arbitral fees to the arbitrator; the only jurisdiction provided is to adjust fees if their reasonableness is challenged. The applicant's prayer is not covered by the Arbitration Act or the Employment and Labour Relations Act. The application is therefore dismissed for want of jurisdiction.
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An arbitral award or settlement deed cannot be enforced by filing a new suit; it must be registered and executed as a decree of the court following arbitration procedures. The trial court correctly struck out the suit for want of jurisdiction.
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The High Court granted registration and enforcement of an arbitral award, holding it was final, binding, and enforceable as a judgment of the court.
The court recognized and enforced the final settlement award as a judgment and decree, holding that omission to cite section 83(1) was not fatal due to the overriding objective principle and the parties' consent.
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The High Court sustained a preliminary objection, holding the suit premature because the arbitral award had not been registered and no decree had issued.
The court found that the parties had lawfully settled the matter and, in accordance with the Civil Procedure Code, recorded the deed of settlement as a decree of the court, thereby disposing of the application.
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Leave is granted to enforce the arbitral award as a judgment and decree of the court because the petition conforms with statutory requirements and the respondent failed to appear or contest.
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The court found that the petitioners complied with the statutory requirements for registration and enforcement of the arbitral award, and the respondent failed to appear or contest the application despite proper service. Therefore, leave was granted to enforce the arbitral award as a judgment and decree of the court.
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Leave to enforce the arbitral award is granted as the respondent failed to appear and the petitioners complied with statutory requirements; the award is to be enforced as a judgment and decree of the court.
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