The plaintiff herein sued the 2nd defendant
challenging an invitation to tender for development of ECO-Lodge or tented camp
in Mbudya Island by the 2nd defendant on ground that the award of
tender to any other person will cause disruption to the plaintiff’s plan for
development of Kunduchi Beach Hotel as such will cause damages and loss to the
Plaintiff. The defendants raised a preliminary objection that the suit is
wrongly filed contrary to sections 15 and 16 of the Arbitration Act. [Cap 15
R.E. 2002] and rules 5 & 6 of the Arbitration Rules and that the same was
conclusively determined by the Panel of Arbitrators vide Arbitration Award
dated 15th June, 2009. In determining the objection, the court
considered as to whether or not the claim by the plaintiff in the suit that it
has exclusive rights over the development of Mbudya Island situated in the
north of Dar es Salaam was conclusively determined by a Panel of Arbitrators in
their award dated 15th June, 2009 and if so whether or not this
court can entertain the suit on a matter which the Panel of Arbitrators has
already conclusively determined.