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Tanzania decisions
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The Court of Appeal held that unapproved contract variations altered the scope of the work and required Tender Board approval, so the arbitral award was illegal and could be set aside.
The Court of Appeal granted Airtel Tanzania leave to appeal, holding the High Court wrongly assessed the merits at the leave stage in a dispute over a challenged award.
The court held that the arbitral award was procured in contravention of statutory provisions, including awarding unpleaded and unproven special damages, awarding damages for periods prior to breach, awarding simple instead of contractually agreed compound interest without explanation, and failing to dismiss time-barred claims. These constituted violations of public policy and serious irregularities affecting the award. The award was also found to be uncertain and ambiguous as to its effect. Accordingly, the award was remitted to the arbitral tribunal for reconsideration under section 75(3)(a)…
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The High Court held that the ICC arbitral award could not coexist with a default decree from the same contract, and allowed the petition to that extent with costs.
The High Court set aside an arbitral award after finding it breached public policy through non-compliance with procurement law, while rejecting most other challenge grounds.
The petitioner failed to establish any serious irregularity or breach of public policy by the arbitrator; the arbitral proceedings were conducted fairly, both parties were heard, and the award was within the arbitrator's jurisdiction. The court cannot revisit the merits or entertain new issues not raised before the arbitrator. There is no basis to set aside the award.
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The High Court set aside an arbitral award, holding that arbitration was initiated prematurely because the contract required adjudication first.
The High Court dismissed a labour revision seeking to set aside a CMA ex parte award, finding the applicant gave no sufficient reason for repeated non-attendance.
The High Court dismissed an application to set aside an arbitral award, finding no misconduct, no jurisdictional تجاوز, and no error of law apparent on the face of the award.
The Court of Appeal upheld dismissal of an application to set aside an arbitral award, finding no misconduct or error of law apparent on the face of the award.
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