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Tanzania Case Law

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Civil procedure AMC TANZANIA LTD v

AMC TANZANIA LTD v

The plaintiff failed to file a formal application for extension of time and did not account for each day of delay. The oral application was made on the hearing date without emergency justification. There was no evidence of delayed issuance of the control number. The court found no basis to exercise discretion to extend time, and thus struck out the plaintiff's witness statement for non-service.

  • Extension of time
  • Service of witness statements
  • Court discretion
  • Striking out pleadings
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Contract law AZANIA BANK LTD ANOTHER VS GRILL HOUSE LTD 4 OTHERS COMM CASE NO

AZANIA BANK LTD ANOTHER VS GRILL HOUSE LTD 4 OTHERS COMM CASE NO

The court referred the dispute to arbitration pursuant to the parties' agreement, holding that the arbitration clause is valid and binding, and that neither section 14 nor section 15 of the Arbitration Act was triggered by party application, but the court may exercise inherent judicial case management powers to enforce the arbitration clause. The suit cannot proceed in court and is outside its cognizance. The issue of witness statement service is moot as the matter is referred to arbitration.

  • Arbitration clause enforcement
  • Stay of proceedings
  • Case management
  • Party autonomy
  • Jurisdiction
  • Service of witness statements
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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.