19970917 TZHC Dar es Salaam

19970917 TZHC Dar es Salaam

The applicant demonstrated a serious issue to be tried regarding his shareholding and risk of irreparable harm if company assets are disposed of or liquidated before the suit is determined. The requirements for a temporary injunction under Order 37 CPC were satisfied, and the balance of convenience favored maintaining the status quo.

Citation
19970917 TZHC Dar es Salaam
Parties
Plaintiff/applicant: Basil Nicholas Alexander Jennings Bramly; 1st Defendant/respondent: Phokion Filios; 2nd Defendant/respondent: A & F Contractors Ltd.; 3rd Defendant/respondent: Expo Tanzania Ltd.
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 September 1997
Procedural Posture
Civil Case / Ruling on Application for Temporary Injunction
Outcome
Application for temporary injunction granted
Legal Topics
Temporary Injunction, Shareholder Rights, Company Asset Protection
Source Language
English
Civil Procedure Company Law Temporary Injunction Shareholder Rights Company Asset Protection

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Parties

Basil Nicholas Alexander Jennings Bramly

Plaintiff/applicant

Phokion Filios

1st Defendant/respondent

A & F Contractors Ltd.

2nd Defendant/respondent

Expo Tanzania Ltd.

3rd Defendant/respondent

Procedural Posture

Civil Case / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the 1st respondent from disposing of or liquidating the assets of the 2nd and 3rd respondents until determination of the suit

Ratio Decidendi

The applicant demonstrated a serious issue to be tried regarding his shareholding and risk of irreparable harm if company assets are disposed of or liquidated before the suit is determined. The requirements for a temporary injunction under Order 37 CPC were satisfied, and the balance of convenience favored maintaining the status quo.

Court Disposition

Application for temporary injunction granted

Orders

  • 1st respondent restrained from disposing of assets or liquidating the 2nd and 3rd respondent companies until determination of the main suit