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Tanzania decisions
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Application was brought for opinion/guidance, not revision; High Court lacks mandate to intervene at this stage except to direct trial court to finalize proceedings expeditiously and follow correct legal procedures if grievance arises.
Source excerpt
The High Court dismissed an application to refer a dispute to arbitration, holding that the applicant had already submitted to the court’s jurisdiction and acted too late.
The High Court held that the arbitration clause did not cover the dispute because it excluded specific performance, so the preliminary objections failed.
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
The High Court set aside an arbitral award, holding that arbitration was initiated prematurely because the contract required adjudication first.
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