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Tanzania Case Law

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Contract law CRDB BANK PLC VS STELLA ANDREW COMM CASE NO

CRDB BANK PLC VS STELLA ANDREW COMM CASE NO

Court
TANZLII

The dispute resolution clause in the Deed of Assignment is binding and applies to the present dispute as the agreements are interconnected. The Plaintiff failed to comply with the requirement to attempt amicable settlement before filing suit. The court's jurisdiction is not ousted, but the suit must be stayed to allow parties to exhaust agreed ADR mechanisms.

Source excerpt

  • Alternative dispute resolution
  • Jurisdiction
  • Loan agreements
  • Enforcement of contractual clauses
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Contract law BHARYA ENGINEERING AND CONTRACTING CO

BHARYA ENGINEERING AND CONTRACTING CO

Court
TANZLII

Where parties have contractually agreed to resolve disputes through a specified alternative dispute resolution mechanism, the court must enforce that agreement by staying proceedings and referring the parties to the agreed process before entertaining the suit, in line with the doctrine of party autonomy and section 10A of the Civil Procedure Code.

Source excerpt

  • Jurisdiction
  • Alternative dispute resolution
  • Party autonomy
  • Preliminary objection
  • Enforcement of contractual clauses
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About this LexChat collection

Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.