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Tanzania Case Law

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Arbitration CIVIL APPEAL NO 396 OF 2022 MS HODI HOTEL MANAGEMENT COMPANY LIMITED VS MS JANDU PLUMBERS LIMITED

CIVIL APPEAL NO 396 OF 2022 MS HODI HOTEL MANAGEMENT COMPANY LIMITED VS MS JANDU PLUMBERS LIMITED

Court
TANZLII

The mediator's report was not a reasoned opinion as required by Clause 20.2 of the Arbitration Agreement; therefore, the arbitrator lacked jurisdiction to entertain the dispute, rendering the award improperly procured. The High Court was correct to set aside the award and order re-arbitration after proper mediation.

Source excerpt

  • Arbitrator jurisdiction
  • Setting aside arbitral award
  • Mediation prerequisite
  • Contractual dispute resolution
  • High court powers under arbitration act
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Arbitration 20170130 TZCA Dar es Salaam

20170130 TZCA Dar es Salaam

Court
TZCA

The arbitrator lacked jurisdiction because the parties failed to comply with the mandatory adjudication step required by Clause 24.1 of their contract before proceeding to arbitration; thus, the High Court's refusal to record the award as judgment was correct.

Source excerpt

  • Arbitrator jurisdiction
  • Pre-arbitral procedures
  • Award enforcement
  • Damages for breach of contract
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Arbitration THE PERMANENT SECRETARY MINISTRY OF WATER IRRIGATION AND MEGA BUILDERS LTD MISC

THE PERMANENT SECRETARY MINISTRY OF WATER IRRIGATION AND MEGA BUILDERS LTD MISC

Court
TANZLII

The court found there was an arbitration clause covering disputes, including termination, and both the Ministry and Attorney General participated fully in arbitration proceedings. No evidence of arbitrator misconduct or improper procurement was established. The omission to state the Attorney General as a party did not invalidate the proceedings, as he was actively involved throughout. The award was properly procured and the petitioner's grounds failed for lack of proof.

Source excerpt

  • Arbitrator jurisdiction
  • Government proceedings
  • Contract termination
  • Award enforcement
  • Misconduct
  • Costs assessment
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Arbitration ms e a construction vs permanent secretary ministry of planning economy empowerment another 2008 tzhccomd 11 15 august 2008

ms e a construction vs permanent secretary ministry of planning economy empowerment another 2008 tzhccomd 11 15 august 2008

Court
TZHCCOMD

The arbitral award was set aside as a nullity because the 1st respondent, a government entity, was not properly represented in the arbitration proceedings as required by law, violating constitutional and regulatory provisions, public policy, and the right to a fair hearing. The arbitrator also exceeded jurisdiction by apportioning costs contrary to the agreement.

Source excerpt

  • Enforcement of arbitral awards
  • Public policy
  • Representation of government entities
  • Fair hearing
  • Arbitrator jurisdiction
  • Setting aside arbitral awards
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.