Tanzania Case Law

RULING VODACOM AND PLANETEL MISCELLANEOUS COMMERCIAL CAUSE NO

Court

TANZLII

The arbitral tribunal exceeded its powers by failing to comply with the court's binding findings and directives when reconsidering the remitted award, instead merely clarifying or justifying its previous reasoning and re-awarding reliefs previously found to be irregular. The tribunal misconstrued the nature of reconsideration under section 78 of the Arbitration Act, treating it as correction/clarification under section 64, and thus acted outside the scope of its revived jurisdiction. The reconsidered award is a nullity and must be set aside in whole.

Source excerpt

• Remission of arbitral award
• Serious irregularity
• Public policy in arbitration
• Functus officio
• Scope of arbitral tribunal powers
• Interest on commercial debts

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catic international engineering t ltd vs university of dar es salaam 2023 tzca 17338 13 june 2023

Court

TZCA

The Court of Appeal held that unapproved contract variations altered the scope of the work and required Tender Board approval, so the arbitral award was illegal and could be set aside.

• Setting aside arbitral awards
• Public policy in arbitration
• Approval of contract variations
• Scope of judicial review of arbitral awards
• Arbitration
• Public-procurement

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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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MISC

Court

TANZLII

The court held that the arbitral award was procured in contravention of statutory provisions, including awarding unpleaded and unproven special damages, awarding damages for periods prior to breach, awarding simple instead of contractually agreed compound interest without explanation, and failing to dismiss time-barred claims. These constituted violations of public policy and serious irregularities affecting the award. The award was also found to be uncertain and ambiguous as to its effect. Accordingly, the award was remitted to the arbitral tribunal for reconsideration under section 75(3)(a)…

Source excerpt

• Setting aside arbitral awards
• Public policy in arbitration
• Damages (general and special)
• Interest on commercial contracts
• Limitation of actions
• Procedural fairness in arbitration

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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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Ramani

Court

TANZLII

The petitioner failed to establish any serious irregularity or breach of public policy by the arbitrator; the arbitral proceedings were conducted fairly, both parties were heard, and the award was within the arbitrator's jurisdiction. The court cannot revisit the merits or entertain new issues not raised before the arbitrator. There is no basis to set aside the award.

Source excerpt

• Setting aside arbitral awards
• Serious irregularity
• Public policy in arbitration
• Jurisdiction of arbitrator
• Procurement contract variations

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badugu ginning co ltd vs cdi distributors inc 2012 tzhccomd 66 14 december 2012

Court

TZHCCOMD

The High Court upheld a foreign ICA arbitral award, finding it was properly signed under the applicable bylaws and that no valid ground existed to set it aside.

• Enforcement of foreign arbitral awards
• Setting aside arbitral awards
• Procedural validity of arbitration
• Public policy in arbitration
• Arbitration
• Foreign-arbitral-awards

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gaming management t ltd vs gaming board of t 2005 tzhccomd 40 19 october 2005

Court

TZHCCOMD

The High Court refused to stay commercial proceedings for arbitration, holding the dispute turned on statutory interpretation and public policy, which the court should decide.

• Stay of proceedings
• Arbitration clause
• Jurisdiction of court
• Public policy in arbitration
• Arbitration
• Stay-of-proceedings

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