The Appellant, filed a petition before the Commercial Division of the High Court of Tanzania, seeking, inter alia, for a declaration that the filing in court of an Award made by the sole Arbitrator, in proceedings involving VISO Construction Company Ltd., the Respondent, was wrongful, null and void. It was claimed that the said proceedings were contrary to the provisions of section 12(2) of the Arbitration Act [Cap 15 R.E. 2002]. Further, the Appellant prayed for an order that the said Award and Depositions filed thereunder should be returned to the sole Arbitrator. On his part the Respondent filed a notice of preliminary objection that rule 8 of the Arbitration Act, 1957 was infringed. The trial High Court upheld the preliminary objection. Hence this appeal.