Tanzania Case Law

FINAL RULING MCA 1017 OF 2024 current

Court

TANZLII

Petitioners' grounds for refusal of recognition and enforcement of the arbitral award were not raised during arbitration and do not constitute manifest error or violation of natural justice; court is functus officio regarding arbitrator impartiality; accreditation and jurisdictional challenges require timely objection; evidentiary and procedural complaints do not warrant refusal; petition dismissed as lacking merit.

Source excerpt

• Recognition and enforcement of arbitral awards
• Jurisdiction of arbitral tribunal
• Accreditation of arbitrators
• Public policy
• Natural justice

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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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iringa municipal council vs jv tangerm construction company ltd intercity builders company ltd 2023 tzhccomd 125 28 april 2023

Court

TZHCCOMD

The High Court set aside an arbitral award for serious irregularity, holding that the award condoned unapproved variations contrary to contract and public procurement law.

• Setting aside arbitral award
• Public policy in arbitration
• Contractual variations
• Jurisdiction of arbitral tribunal
• Procurement regulations
• Arbitration

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china civil engineering construction corporation limited vs lwempisi general company ltd 2022 tzhc 14026 20 october 2022

Court

TZHC

The High Court granted leave to enforce an arbitral award, rejecting objections on limitation, lack of verifying affidavit, and certification of the award.

• Enforcement of arbitral awards
• Limitation period
• Jurisdiction of arbitral tribunal
• Electronic filing
• Certification of documents
• Arbitral-award-enforcement

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vodacom tanzania public limited company vs shivacom tanzania limited 2022 tzhccomd 237 6 april 2022

Court

TZHCCOMD

The petition was dismissed because the arbitral tribunal included an arbitrator who failed to disclose circumstances affecting his impartiality as required by Article 11 of the UNCITRAL Rules and clause 18 of the Super Dealer Agreement, rendering the tribunal incompetent and the award unenforceable. Additionally, the petitioner failed to provide an original or duly authenticated copy of the award as required by rule 66(4), making the petition procedurally defective.

Source excerpt

• Recognition and enforcement of foreign arbitral awards
• Arbitrator impartiality and disclosure
• Jurisdiction of arbitral tribunal
• Compliance with procedural rules

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prestine properties limited vs seyani brothers and co ltd 2021 tzhccomd 3400 15 november 2021

Court

TZHCCOMD

The High Court dismissed a petition to set aside an arbitral award, holding that objections to jurisdiction and procedure had been waived and no serious irregularity was shown.

• Setting aside arbitral award
• Jurisdiction of arbitral tribunal
• Procedural irregularity
• Natural justice
• Appointment of arbitrators
• Evaluation of evidence

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ms marine services co ltd vs ms gas entec company ltd 2021 tzhccomd 3337 17 september 2021

Court

TZHCCOMD

The High Court set aside an arbitral award after finding it breached public policy through non-compliance with procurement law, while rejecting most other challenge grounds.

• Setting aside arbitral awards
• Jurisdiction of arbitral tribunal
• Public policy in arbitration
• Contract interpretation
• Procurement law compliance
• Arbitral-award-setting-aside

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luganuza investment company limited vs ms the trustee of orthodox church of tanzania holy archdiocese of mwanza 2021 tzhccomd 3416 29 march 2021

Court

TZHCCOMD

The High Court dismissed a petition to remit or set aside an arbitral award, holding that no serious irregularity was shown under the Arbitration Act, 2020.

• Remittal of arbitral award
• Setting aside arbitral award
• Finality of arbitral awards
• Liquidated damages
• Vat in construction contracts
• Costs in arbitration

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20140610 TZHC Dar es Salaam

Court

TZHC

The clause in the contract only required disputes to be resolved amicably and did not expressly or mandatorily refer disputes to arbitration. Therefore, there was no valid arbitration agreement to warrant a stay of proceedings under Section 6 of the Arbitration Act.

Source excerpt

• Arbitration clause interpretation
• Stay of proceedings
• Contra proferentem
• Jurisdiction of arbitral tribunal

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20140610 TZHC Dar es Salaam 1

Court

TZHC

The High Court held that a clause calling for amicable settlement was not an arbitration agreement and dismissed the stay application with costs.

• Stay of proceedings
• Arbitration clause interpretation
• Contra proferentem
• Jurisdiction of arbitral tribunal
• Arbitration-clause-interpretation
• Stay-of-proceedings

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