CL

Zamani Resorts Limited (T) Ltd v Kempinski Hotels SA (Switzerland) (Misc. Commercial Cause No. 188 of 2016) [2016] TZHCComD 43; (17 November 2016)

Flynote: 
Subject Matter: 

The case dealt with an opposition to the filing of an arbitration award on the grounds that it was not filed in the form of a petition; additionally the necessary documents and exhibits were not filed.

The court held that the appropriate provision of the the Arbitration Act, Cap 15 of 2002 does not prescribe the form or manner in which an arbitration award should be filed, but merely provides that it should be filed. Further it does not matter if the arbitration award is submitted to the court by post or any other means, as long as the award reaches the court for filing. The court emphasised that an award must be filed in a manner that is convenient to the parties.

The court thereby refused to grant the application opposing the filing of the arbitration award because the manner chosen was in line with the law.

Zaidi Baraka & Ors v Exim Bank (T) Limited (Misc Commercial Cause No. 300 of 2015) [2016] TZHCComD 42; (21 September 2016)

Subject Matter: 

The applicants applied for an extension of time to give a notice of intention to appeal a judgment handed down in 2012. The applicants had previously applied for an extension in 2015, but this was struck out, giving rise to the following application.

The applicants contended that the previous application was not heard on merit, and as a result the court had jurisdiction to hear the matter.

The court found that the plain language of s 11 of the Appellate Jurisdiction Act confers a discretion on the court to grant an extension of time. The discretion must be judiciously exercised after taking into account the circumstances of the case, whether the applicant acted prudently and without delay. On perusing the court record, the court found that the applicants filed a notice of appeal within 30 days of the 2012 decision, but the appeal was struck out in December 2014. The time for filing another proper notice had expired. The court found that the applicants were concerned with their appeal in 2012 until it was struck out in 2014. The fact that the requisite time within which to issue a notice of appeal had expired while they were pursuing their appeal was reasonable and sufficient cause to grant an extension of time for giving notice of an appeal.

The application for extension of time was granted, and notice was to be filed within 14 days of the date of the ruling.

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