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The High Court overruled a preliminary objection that an application to file an arbitral award was time-barred, holding that limitation questions required evidence.
The petition challenging registration of the arbitral award was filed outside the statutory 60-day limitation period, as the petitioner was notified of the award on 25th September 2023 and filed the petition in June 2024. The petition is therefore time barred and must be dismissed with costs.
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The High Court’s Commercial Division granted Ardhi University 30 days to file a notice of appeal out of time, finding sufficient cause and technical delay.
Leave is granted to enforce the arbitral award as a judgment and decree of the court because the petition conforms with statutory requirements and the respondent failed to appear or contest.
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The High Court allowed an application to extend time to register an arbitral award, holding that the respondent’s settlement efforts revived limitation.
Court of Appeal granted the Attorney General more time to seek revision, finding the alleged illegality in registering the arbitral award was a sufficient legal point.
The application for registration of the arbitral award is time barred because it was filed more than six months after the date of the award, and both Item 18 and Item 21 of the Law of Limitation Act apply to such applications under the Arbitration Act and its Regulations.
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The application for extension of time cannot be granted because the previous application for registration of the same arbitral award was dismissed as time-barred, making the matter res judicata and rendering the court functus officio. The court lacks jurisdiction to grant the extension, and even on merits, the applicant failed to satisfactorily explain the two-month delay after the dismissal of the previous application.
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Following dismissal of the petition challenging the award, the Court must register the award as a judgment and decree unless substantive jurisdiction is challenged; pending appeal does not bar registration.
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The High Court granted Geita Town Council 21 extra days to act on an arbitral award, finding sufficient cause for delay caused by late fee payment and access issues.
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