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Tanzania decisions
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Application lacked merit as proposed points of law were either mixed with facts or not pure points of law; certification was refused and application dismissed with costs.
Source excerpt
Where there is an arbitration agreement and the applicant has not taken steps in the proceedings, the court must stay proceedings and refer the matter to arbitration, as the arbitration clause is severable and survives termination of the main contract. The presence of multiple defendants or third parties does not bar the right to stay. The petitioner is presumed ready and willing to arbitrate if no steps have been taken in the action.
Source excerpt
The Court of Appeal struck out an application as incompetent because Rule 89(2) permits striking out a single notice of appeal, not multiple notices in one motion.
The High Court held this civil suit was sub judice because an earlier suit between the same parties and subject matter was pending, so the second suit was stayed.
The High Court of Tanzania refused to stay commercial proceedings for arbitration, holding the clause bound only two parties and would cause fragmented litigation.
The High Court held that a later civil case over House No. 1 Somali Street was barred by res judicata because the same dispute had already been determined in probate proceedings.
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