Case law
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Division and case type: High Court Commercial and TaxCommercial Matters
…The court found that there were no circumstances that raised justifiable doubts as to the impartiality and independence of the Arbitrator.…
…The Arbitrator emphasized that an adverse ruling against a party does not amount to impartiality by the Tribunal.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…THAT the application doesn’t demonstrate sufficient grounds for justifiable doubts as to his impartiality and independence. v.…
…This court is called upon to determine whether the claim regarding the arbitrator’s alleged bias, lack of impartiality and independence is merited.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…It also invoked section 14(3) of the Arbitration Act to challenge the Arbitrator’s impartiality and independence under section 13(3) of the Arbitration Act.…
…demands a fair hearing before an impartial tribunal.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…Majanja disqualifies himself from hearing this suit in which his impartiality might reasonably be questioned.’’…
…Apart from the duty to sit and hear cases, there is a presumption of impartiality in favour of every judge and judicial officer.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…This is contrary to the Arbitration Act which places a continued obligation for the arbitrator to remain impartial throughout the arbitral proceedings. 4.…
…Ground of impartiality 9. The applicant seeks the removal of the arbitrator on the basis of apprehension that the arbitrator will not conduct the arbitration proceedings with impartiality. 10.…
Division and case type: High Court CivilCivil Suit
…It cannot be gainsaid that impartiality in the making of judicial decisions is of paramount importance.…
…In situations where judicial impartiality or bias is alleged that allegation must overcome the presumption of judicial impartiality and integrity which permeates any judicial system.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…fact that impartiality is one of the duties the Judges swear to uphold.…
…the part of the litigant for apprehending that the judicial officer, for whatever reasons, was not or will not be impartial.”…
Division and case type: High Court Commercial and TaxCommercial Income Tax Appeal
…fact that impartiality is one of the duties the Judges swear to uphold.…
…the part of the litigant for apprehending that the judicial officer, for whatever reasons, was not or will not be impartial.”…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…Impartiality 47. An arbitrator or arbitral tribunal ought to be independent and impartial. UNCITRAL Model Law on International Commercial Arbitration.…
…While Nation challenges the arbitrator’s impartiality, there is no indication that it raised a challenge regarding the arbitrator’s impartiality as per section 14. 51.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…2) the 1st respondent does not meet the qualifications to hear and determine the dispute subject to arbitral proceedings. (3) The applicant is apprehensive that justice will not be served upon it due to the arbitrator’s impartiality…
…Impartiality 21. The applicant indicated that it is apprehensive that justice will not be served upon it due to the arbitrator’s impartiality. 22.…
Division and case type: High Court FamilyFamily P&A Testate
…The Applicant is of the view that the matter should be assigned a different Judge who is available to hear the matter expeditiously and impartially.…
…Regulation 9 of the Judiciary Code of Conduct emphasizes the importance of impartiality of a Judge.…
Division and case type: High Court CriminalCriminal Revision
…, if appropriate, another independent and impartial tribunal or body. ii).…
…In such circumstances, the impartiality of the trial court is paramount.…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…Not a scintilla of evidence has been adduced in support of the Petitioner’s allegations of bias, lack of impartiality and conflict of interest.…
…In such applications, the impartiality of the Judge is called into question and his independence is impugned.…
Division and case type: MERU HIGH COURTCriminal Miscellaneous Application
…According to the Applicant, the complainant's position within the Judiciary gives rise to a reasonable apprehension that he may not receive a fair and impartial trial before that station.…
…It is contended that by reason of that employment the complainant enjoys institutional influence capable of compromising the impartiality of the trial court. 12.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…It concerns not the merits of the dispute nor the substantive jurisdiction of the Court, but the alleged impartiality of the Judge who is called upon to exercise that jurisdiction.…
…It is therefore appropriate that the court first hears allegations of impartiality and makes a decision on the same because, the jurisdiction to determine an application for recusal is incidental to the Court's constitutional…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…But, of course, justifiable doubts as to the impartiality and independence of the arbitrator do not include peripheral or imagined or fanciful issues or mere belief by the Applicant.” 26.…
…I do find that in this instance, the Applicant have not provided any evidence demonstrating impartiality or bias on the part of the arbitrator.…
Division and case type: High Court CivilCivil Suit
…Further that notwithstanding the oath of office taken by a judge to do justice impartially, where the impartiality of a judge is impugned, then however unpleasant as it may be, an application for recusal is the panacea.…
…The impartiality of this court has thus principally been assaulted due to the fact that it made rulings that were not favourable to the defendants.…
Division and case type: High Court DivCriminal Miscellaneous Application
…It was the Learned Prosecution Counsel’s submission that no reason of impartiality is cited or any other impropriety of the trial Court.…
…fact that impartiality is one of the duties the judges swear to uphold.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Grounds for challenge (1)………… (2)………… (3) An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his impartiality and independence, or if he does not possess qualifications…
…A party that seeks to challenge an arbitrator under section 13(3 ), that is, owing to circumstances that give rise to justifiable doubts as to their impartiality and independence, or if they does not possess qualifications…
Division and case type: High Court Commercial and TaxCommercial Matters
…He asserts that, as a party recognized by the Court, he is entitled to a fair and impartial hearing.…
…In such an application, the impartiality of the judge is called into question and his independence is impugned.…