Siemens Ltd and Another versus Mtibwa Sugar Estates

Siemens Ltd and Another versus Mtibwa Sugar Estates; Misc Commercial Cause No. 247 of 2015:  High Court of Tanzania (Commercial Division) at Dar es Salaam (Unreported).

• Arbitration

• Petition- copies of the submissions and / or award annexed to petition have not been certified by the petitioner or its advocate – whether fatal
• Petition – time limitation – final arbitral award filed after six months – whether time barred.

Held:-

(i) It is mandatory procedure for the petitioner or his advocate to certify copies of the final award and submissions annexed to the petition. Failure to do so makes the petition incompetent and bad in law.

(ii) The final award should be filed within six months after the cause of action; that is, after its pronouncement as per Item 18 of the First column of the First Schedule on Part III of the Law of Limitation Act. Any award filed out of time should be dismissed in terms of Section 3 of the Law of Limitation Act.