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Tanzania Case Law

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Contract law COMPUTER CENTRE

COMPUTER CENTRE

Court
TANZLII

The existence of a valid arbitration agreement requires parties to resolve disputes through arbitration before approaching the court. The Plaintiff should have invoked the court's supervisory powers to facilitate arbitration rather than filing suit. The preliminary objection is upheld and the matter is referred to arbitration, disposing of the suit before the court.

Source excerpt

  • Arbitration agreement enforcement
  • Preliminary objection
  • Jurisdiction
  • Contractual dispute resolution clauses
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Civil procedure Land Case 11 of 2023 Ruling Mrisha J

Land Case 11 of 2023 Ruling Mrisha J

Court
TANZLII

The parties expressly agreed in clause 14 of the loan agreement to submit disputes arising from the agreement to the Commercial Division of the High Court. The dispute, though framed as trespass, is connected to the loan agreement and the surrender of the title deed as assurance. Therefore, the Land Division lacks jurisdiction and the suit must be struck out.

Source excerpt

  • Jurisdiction
  • Choice of forum
  • Contractual dispute resolution clauses
  • Trespass
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Arbitration kilimanjaro oil company limited vs tanzania petroleum development 2022 tzhccomd 18 17 february 2022

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
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Contract law patty interplan ltd vs tpb bank plc 2020 tzca 194 20 april 2020

patty interplan ltd vs tpb bank plc 2020 tzca 194 20 april 2020

Court
TZCA

The dispute was not confined to Interim Certificate No. 7 but included other claims; all disputes required referral to adjudicator before arbitration under Clause 24.1. The arbitrator lacked jurisdiction as this procedure was not followed. No manifest error or misapprehension of fact or law was found to justify review.

Source excerpt

  • Arbitration procedure
  • Jurisdiction of arbitrator
  • Contractual dispute resolution clauses
  • Manifest error review
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Civil procedure 20150819 TZHC Arusha

20150819 TZHC Arusha

Court
TZHC

Parties are bound by their agreement to submit disputes to the Commercial Division of the High Court. The clause does not oust the jurisdiction of the court but reflects the parties' intention. Therefore, the suit should have been filed in the Commercial Division, not the ordinary High Court.

Source excerpt

  • Jurisdiction
  • Contractual dispute resolution clauses
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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.