JOVET TANZANIA LIMITED V.S BAVARIA N.V CIVIL APPLICATION NO. 207 OF 2018

Abstract

1. The Court reinstated the principle enunciated in the case of Elisa Mosses Msaki v. Yesaya Ngateu Matee [1990] T.L.R. 90 in which it was held "This Court will only look into matters which came up in the lower Court and decided; not on which were not raised nor decided by neither the trial Court nor the High Court on appeal". 2. The Court borrowed the holding of the Supreme Court of India in the case of Rashtriya Ispat Nigam Limited and Another v. M/S Verma Transport Company, Appeal (Civil) 3420 of 2006 where it was held among others "... taking any other steps in the proceedings must be confined to taking steps in the proceedings for resolution of the substantial dispute in the suit Appearing and contesting the interlocutory applications by seeking either vacation thereof or modification thereof cannot be said to be displaying an unambiguous intention to acquiesce in the suit and to waive the benefit of the arbitration agreement" 3. The parties to the agreement having been agreed that disputes arising out of the Agreement would be resolved by a certain forum, they did not mean to oust the jurisdiction of the courts in Tanzania.