20120307 TZHC Dar es Salaam

20120307 TZHC Dar es Salaam

The three conditions for granting a temporary injunction have been established: there are serious triable issues, applicant will suffer irreparable injury if injunction is not granted, and balance of convenience favors applicant. Temporary injunction is granted to restrain respondents from interfering with applicant's activities pending determination of the main suit.

Citation
20120307 TZHC Dar es Salaam
Parties
Applicant/plaintiff: DSM Cement Co. Ltd; 1st Respondent/defendant: Mr. Pardeep Singh Hans; 2nd Respondent/defendant: Exim Bank (TZ) Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 March 2012
Procedural Posture
Civil Case / Ruling on Application for Temporary Injunction
Outcome
Application for temporary injunction granted
Legal Topics
Temporary Injunction, Management Dispute, Loan Facility, Shareholder Rights
Source Language
English
Civil Procedure Company Law Temporary Injunction Management Dispute Loan Facility Shareholder Rights

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Parties

DSM Cement Co. Ltd

Applicant/plaintiff

Mr. Pardeep Singh Hans

1st Respondent/defendant

Exim Bank (TZ) Ltd

2nd Respondent/defendant

Procedural Posture

Civil Case / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether a temporary injunction should be granted to restrain respondents from interfering with applicant's activities
  2. 2 Whether management and control of the factory should be handed over to applicant pending suit determination

Ratio Decidendi

The three conditions for granting a temporary injunction have been established: there are serious triable issues, applicant will suffer irreparable injury if injunction is not granted, and balance of convenience favors applicant. Temporary injunction is granted to restrain respondents from interfering with applicant's activities pending determination of the main suit.

Court Disposition

Application for temporary injunction granted

Orders

  • Respondents, their agents, assignees and workmen restrained from interfering with applicant's construction and management of the cement factory
  • Status quo ante to be maintained pending hearing of main suit