Tanzania Case Law

FINAL RULING MCA 4015 OF 2024

Court

TANZLII

The court found that the substantive matters raised in the current petition were directly and substantially in issue in the previous petition, which had been finally determined by a competent court between the same parties under the same title. The change in statutory provisions or reliefs sought did not alter the fact that the issues were the same. Therefore, the petition is res judicata and also constitutes abuse of court process due to multiplicity of proceedings on the same subject matter.

Source excerpt

• Res judicata
• Abuse of court process
• Arbitral award challenge

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RULING MISCELLANEOUS COMMERCIAL CAUSE NO

Court

TANZLII

The applicant demonstrated sufficient cause for extension of time based on technical delay, having diligently pursued remedies in court and being caught by a change in judicial interpretation of the limitation period. The delay was not due to apathy, negligence, or sloppiness, but arose from a reasonable mistake regarding the applicable limitation period. Extension of time is therefore warranted.

Source excerpt

• Extension of time
• Technical delay
• Illegality
• Limitation period
• Arbitral award challenge

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prestine properties limited vs seyani brothers co limited 2023 tzca 17897 28 november 2023

Court

TZCA

The applicant failed to demonstrate any issue of general importance or novel point of law, and did not raise jurisdictional or procedural objections during arbitration as required by law; therefore, leave to appeal is not warranted.

Source excerpt

• Leave to appeal
• Arbitral award challenge
• Jurisdiction of arbitral tribunal
• Right to be heard
• Procedural irregularities

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DOREECH LTD V ATTORNEY GENERAL

Court

TANZLII

Failure to cite the proper enabling provision under the Arbitration Act is a fundamental error that renders the application fatally defective and incompetent; the court lacks jurisdiction to entertain the application as filed.

Source excerpt

• Extension of time
• Wrong citation of law
• Jurisdiction
• Arbitral award challenge

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BANK OF T VS GALILEA CO

Court

TANZLII

The petitioner demonstrated sufficient cause for the delay, as the delay was due to internal fund approval procedures for payment of the arbitrator's fee, which was necessary to obtain the award and file the petition. The application was uncontested.

Source excerpt

• Extension of time
• Arbitral award challenge
• Limitation period

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dezo civil contractors co ltd vs oysterley investment limited 2022 tzhccomd 391 14 december 2022

Court

TZHCCOMD

Once a petition challenging an arbitral award is found to be time-barred and struck out, a subsequent application for extension of time to file the same petition is unmaintainable; the only remedy is to appeal the previous decision.

Source excerpt

• Extension of time
• Arbitral award challenge
• Limitation of actions

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ms rans co ltd vs attorney general another 2022 tzhccomd 364 25 november 2022

Court

TZHCCOMD

The High Court overruled a preliminary objection in an arbitration matter, holding that certification of annexures raised factual issues unsuitable for determination at that stage.

• Certification of documents
• Preliminary objection
• Arbitral award challenge
• Arbitration
• Preliminary-objection
• Certification-of-documents

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mic tanzania limited vs crystal mobile tanzania 2021 tzhccomd 2059 8 april 2021

Court

TZHCCOMD

The High Court granted MIC Tanzania Limited extra time to file a petition challenging an arbitral award, holding that the earlier petition had been struck out for a technical defect.

• Extension of time
• Arbitral award challenge
• Technical delay
• Extension-of-time
• Arbitration
• Arbitral-award-challenge

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decortech tanzania ltd vs zenithsys space co ltd 2019 tzca 512 7 october 2019

Court

TZCA

The applicant failed to demonstrate bona fide good cause for the delay, as the delay was due to lack of familiarity with the online filing system and last-minute action, not a genuine technical malfunction. No apparent illegality exists in the High Court decision as alleged grounds were considered collectively.

Source excerpt

• Extension of time
• Leave to appeal
• Arbitral award challenge
• Court online filing system

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TREASURY REGISTRAR AND A

Court

TANZLII

The court held that the amendment sought is necessary for determining the real question in controversy regarding the validity of the arbitral award and will not prejudice the respondent, as the respondent will have an opportunity to respond. Therefore, leave to amend the petition is granted.

Source excerpt

• Amendment of pleadings
• Arbitral award challenge
• Government proceedings

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