pretty drinks ea ltd vs ms bank of africa t ltd 2011 tzhccomd 2105 14 march 2011

pretty drinks ea ltd vs ms bank of africa t ltd 2011 tzhccomd 2105 14 march 2011

The applicant established a serious triable issue regarding the conduct of the auction and potential fraud, and demonstrated risk of irreparable harm if injunctive relief was not granted. The balance of convenience favored the applicant. Therefore, a temporary injunction was warranted pending determination of the main suit.

Citation
pretty drinks ea ltd vs ms bank of africa t ltd 2011 tzhccomd 2105 14 march 2011
Parties
Applicant/plaintiff: Pretty Drinks (EA) Limited; Respondent/defendant: Bank of Africa (T) Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
14 March 2011
Procedural Posture
Application for Interim Orders (temporary Injunction) in Commercial Case / Ex Parte Ruling on Chamber Application for Temporary Injunction Pending Main Suit
Outcome
Application for temporary injunction granted with costs.
Legal Topics
Temporary Injunctions, Auction Disputes, Interim Relief, Fraud Allegations
Source Language
English
Civil Procedure Commercial Law Property Law Temporary Injunctions Auction Disputes Interim Relief Fraud Allegations

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Parties

Pretty Drinks (EA) Limited

Applicant/plaintiff

Bank of Africa (T) Limited

Respondent/defendant

Procedural Posture

Application for Interim Orders (temporary Injunction) in Commercial Case / Ex Parte Ruling on Chamber Application for Temporary Injunction Pending Main Suit

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the respondent from interfering with auction purchase rights pending the main suit
  2. 2 Whether the applicant has established a prima facie case, irreparable injury, and balance of convenience for grant of injunction

Ratio Decidendi

The applicant established a serious triable issue regarding the conduct of the auction and potential fraud, and demonstrated risk of irreparable harm if injunctive relief was not granted. The balance of convenience favored the applicant. Therefore, a temporary injunction was warranted pending determination of the main suit.

Court Disposition

Application for temporary injunction granted with costs.

Orders

  • Respondent, its agents, employees, and anyone acting under its instructions are restrained from interfering with the auction purchase and rights of the applicant regarding Plot No. 558, Block E Mbezi area vide CT No. 102881 pending determination of the main suit.
  • Respondent is restrained from receiving any further alleged purchase price from anyone regarding the suit property.