The Appellant and the Respondent entered into a contract in
which the Respondent was to undertake the works of rehabilitating roads in
Lindi Region. During the execution of the Contract, a dispute arose concerning,
among others, payment for the performed works as certified by the project
consultant. Consequently, the Respondent referred the dispute to the
Adjudicator who allowed most of the Respondent’s claims. The Appellant was
aggrieved and made a reference to the Arbitrator who upheld the findings of the
Adjudicator.
After the award, the Arbitrator instructed Respondent to
file the same in High Court. The Award was filed in Court and the parties were
issued with notice to appear in Court. Having received the notice, the
Appellant filed a petition seeking to set aside the Award. The Respondent filed
an answer opposing the petition together with a preliminary objection. The
Respondent made his submission in support of the preliminary objection. The
Appellant, however, did not respond to the submission. He prayed to be allowed
to do so at a later date. The High Court granted his prayer and adjourned the
matter.
On the date fixed by the Court to hear Appellant’s reply to
the preliminary objection, the Appellant’s counsel did not appear and the Court
proceeded to give an order against the Appellant. It is against the order the
Court, the Appellant preferred this appeal.