abdallah hashim abdallah vs terry dickens another 2007 tzhccomd 55 20 november 2007

abdallah hashim abdallah vs terry dickens another 2007 tzhccomd 55 20 november 2007

The application for temporary injunction was dismissed because the changes to the directorship had already been effected and registered, making the relief sought overtaken by events. The applicant failed to satisfy all requirements for a temporary injunction, particularly as any loss could be compensated by damages and the balance of convenience favored the respondents.

Citation
abdallah hashim abdallah vs terry dickens another 2007 tzhccomd 55 20 november 2007
Parties
Plaintiff: ABDALLAH HASHIM ABDALLAH; 1st Defendant: TERRY DICKENS; 2nd Defendant: RADI SERVICE LIMITED
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
20 November 2007
Procedural Posture
Commercial Case / Ruling on Application for Temporary Injunction
Outcome
Application for temporary injunction dismissed.
Legal Topics
Temporary Injunction, Directorship Disputes, Removal of Director, Balance of Convenience
Source Language
English
Company Law Civil Procedure Temporary Injunction Directorship Disputes Removal of Director Balance of Convenience

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Parties

ABDALLAH HASHIM ABDALLAH

Plaintiff

TERRY DICKENS

1st Defendant

RADI SERVICE LIMITED

2nd Defendant

Procedural Posture

Commercial Case / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the respondents from making or registering changes to the directorship of the 2nd respondent pending the determination of the main suit.

Ratio Decidendi

The application for temporary injunction was dismissed because the changes to the directorship had already been effected and registered, making the relief sought overtaken by events. The applicant failed to satisfy all requirements for a temporary injunction, particularly as any loss could be compensated by damages and the balance of convenience favored the respondents.

Court Disposition

Application for temporary injunction dismissed.

Orders

  • Temporary injunction refused.
  • Costs to be in the main suit.