Tanzania Case Law

kilimanjaro oil company limited vs tanzania petroleum development 2022 tzhccomd 18 17 february 2022

Court

TZHCCOMD

The failure of the adjudicator to deliver a ruling within the contractual 14-day period rendered the adjudication a nullity, and the arbitrator's reliance on such a ruling constituted misconduct and excess of jurisdiction under section 70(2)(e) of the Arbitration Act, 2020, warranting the setting aside of the arbitral award.

Source excerpt

• Setting aside arbitral award
• Arbitrator misconduct
• Jurisdiction of arbitrator
• Contractual dispute resolution clauses

Read case analysis

CIVIL APPEAL NO 202 OF 2021 RANGER SAFARIS LTD V HELEN SAUL MOLLEL

Court

TANZLII

The Court held that complaints regarding arbitrator misconduct are not within the jurisdiction of the High Court or Court of Appeal but must be addressed to the Commission as per the Labour Institutions Act and its Code of Conduct Rules. The appeal was misconceived as it was brought in the wrong forum.

Source excerpt

• Unfair termination
• Arbitrator misconduct
• Jurisdiction of labour courts
• Disciplinary procedures

Read case analysis

motosach international co ltd vs dar es salaam city council 2020 tzhccomd 2064 25 february 2020

Court

TZHCCOMD

The High Court set aside an arbitral award for misconduct, finding the arbitrator should have recused himself because of perceived bias and poor records.

• Arbitrator misconduct
• Natural justice
• Bias
• Setting aside arbitral award
• Arbitrator-misconduct
• Natural-justice

Read case analysis

vodacom tanzania ltd vs fts services ltd 2019 tzca 514 27 december 2019

Court

TZCA

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.

• Setting aside arbitral awards
• Arbitrator misconduct
• Errors of law on the face of the award
• Contract termination
• Damages for breach of contract
• Interpretation of contractual terms

Read case analysis

salu co ltd vs cool care services ltd 2018 tzhccomd 108 10 july 2018

Court

TZHCCOMD

There was no evidence of deliberate concealment or misconduct by the respondent's counsel that improperly procured the award or influenced the arbitrator; thus, the grounds for setting aside the award under Section 16 of the Arbitration Act were not met.

Source excerpt

• Setting aside arbitral award
• Arbitrator misconduct
• Improper procurement of award
• Conflict of interest

Read case analysis

GEOFIELDS T LTD VS MALIASILI RESOURCE LTD MISC

Court

TANZLII

The High Court remitted an arbitral award for reconsideration after finding the costs apportionment to the winning party was an error on the face of the record.

• Setting aside arbitral award
• Apportionment of costs
• Nominal damages
• Arbitrator misconduct
• Taxation of costs
• Arbitration-award-remission

Read case analysis

NA TZHC Dar es Salaam 7

Court

TZHC

The High Court partially set aside an arbitral award, finding misconduct in the arbitrator’s handling of extension-of-time claims, termination notice validity, and reliefs awarded.

• Arbitrator misconduct
• Extension of time
• Contract termination
• Damages
• Forfeiture of property
• Arbitration-award-challenge

Read case analysis