Tanzania Case Law

linyungang zhongfu lianzhong composites group co ltd another vs mtibwa sugar estates ltd 2024 tzhccomd 31 15 march 2024

Court

TZHCCOMD

The application for registration and enforcement of the foreign arbitral award was filed after the expiry of the six-month limitation period prescribed by law. Withdrawal of the earlier application with liberty to refile did not stop the limitation period from running, as per Order XXIII Rule 2 of the Civil Procedure Code. Section 21(2) of the Law of Limitation Act does not apply because the withdrawal was not due to a defect of jurisdiction or similar cause. Therefore, the application is time-barred and must be dismissed.

Source excerpt

• Enforcement of foreign arbitral awards
• Limitation period for registration of arbitral awards
• Withdrawal and refiling of applications
• Interpretation of limitation statutes

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CIVIL APPEAL NO 444 OF 2021 VOLTALIA PROTUGAL S

Court

TANZLII

The High Court erred in holding that the prior revocation of the arbitration clause in proceedings to which the appellant was not a party deprived the arbitral tribunal of jurisdiction; such a judgment in personam was not binding on the appellant. The appellant was not denied the right to be heard, as both parties addressed the tribunal's jurisdiction. The refusal to register the arbitral award was therefore flawed.

Source excerpt

• Enforcement of foreign arbitral awards
• Jurisdiction of arbitral tribunals
• Right to be heard
• Effect of judgments in personam vs in rem

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badugu ginning co ltd vs cdi distributors inc 2012 tzhccomd 66 14 december 2012

Court

TZHCCOMD

The High Court upheld a foreign ICA arbitral award, finding it was properly signed under the applicable bylaws and that no valid ground existed to set it aside.

• Enforcement of foreign arbitral awards
• Setting aside arbitral awards
• Procedural validity of arbitration
• Public policy in arbitration
• Arbitration
• Foreign-arbitral-awards

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kbl enterprises ltd vs cdi cotton distributors inc 2012 tzhccomd 41 30 march 2012

Court

TZHCCOMD

A subsequent compromise agreement or Memorandum of Understanding between the parties, made after the issuance of a foreign arbitral award but before its registration as a decree, does not extinguish or supersede the award for purposes of enforcement under Tanzanian law. The grounds advanced by the petitioner do not fall within the statutory grounds for refusing enforcement of a foreign award under section 30(3) of the Arbitration Act. The arbitral award remains final and binding and must be registered and enforced as a decree of the court.

Source excerpt

• Enforcement of foreign arbitral awards
• Effect of compromise agreements on arbitral awards
• Recognition of foreign judgments
• Jurisdiction of courts in arbitration matters

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LOUIS DREYFUS COMMODOTIES T LTD VS ROKO INVESTMENT CO

Court

TANZLII

There was no binding contract between the parties as the petitioner did not sign or accept the contract, and thus no valid arbitration agreement existed. Consequently, the arbitral tribunal lacked jurisdiction, and the award is unenforceable in Tanzania.

Source excerpt

• Enforcement of foreign arbitral awards
• Jurisdiction of arbitral tribunals
• Contract formation
• Public policy in enforcement of awards

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