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Tanzania decisions
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The appeal was filed prematurely and is incompetent because the appellant failed to exhaust available remedies in the trial court, specifically by not appealing, reviewing, or seeking revision of the order refusing to set aside the ex parte judgment before filing the present appeal.
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Plaintiffs failed to prove their claim for TZS 11,250,069,032.62 or any lesser sum due to contradictions, lack of supporting invoices, and claims not rooted in pleadings. Defendants' counterclaim for refund and liquidated damages fails as they ratified plaintiffs' performance and are estopped from claiming for breach they did not treat as fundamental. Force majeure lawfully discharged both parties from future obligations, but plaintiffs did not substantiate entitlement to payment for work done prior to force majeure. Both suit and counterclaim are dismissed; each party to bear its own costs.
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The High Court granted Exim Bank leave to appeal to the Court of Appeal on six arguable points about taxation, costs, and liquidated damages.
The Taxing Master was justified in applying the 9th Schedule for instruction fees as the underlying claim was for a liquidated sum arising from a contract. The amount awarded as instruction fee was reasonable and within prescribed limits. Transport, attendance, and drawing fees, though not specifically provided for in the 9th Schedule, were properly awarded under the discretionary powers of the Taxing Master. Some arithmetical errors were corrected, resulting in a substituted total award. The application lacked merit and was dismissed with costs.
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The court found that the arbitral tribunal did not exceed its powers or fail to deal with all issues raised. The alleged errors did not constitute serious irregularities under section 75(2) of the Arbitration Act. The tribunal provided reasons for dismissing the counterclaim and acted within its jurisdiction. The petitioner's grounds were insufficient to set aside the award.
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The High Court recorded a consent judgment after the parties filed a deed of settlement, ending the commercial dispute under Order XXIII rule 3 CPC.
The High Court dismissed a petition to remit or set aside an arbitral award, holding that no serious irregularity was shown under the Arbitration Act, 2020.
The High Court dismissed a petition to remit or set aside an arbitral award, holding no serious irregularity was shown under the Arbitration Act, 2020.
High Court ruling on a challenge to an arbitral award in a road construction contract dispute, involving BOQ interpretation, costs, and liquidated damages.
The High Court held the contract was wrongfully terminated, awarded specific damages and return of the performance bond, but refused general damages and commercial interest.
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