ADACI HOLDINGS LTD SCANNED

ADACI HOLDINGS LTD SCANNED

The applicant established a prima facie case regarding the lease dispute, demonstrated irreparable loss to reputation that cannot be compensated by damages, and respondents failed to show any loss if injunction is granted. All conditions for a Mareva injunction are met.

Citation
ADACI HOLDINGS LTD SCANNED
Parties
Applicant: ADACI HOLDINGS LTD; 1st Respondent: TANZANIA POSTS CORPORATION; 2nd Respondent: ATTORNEY GENERAL
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 July 2024
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Mareva Injunction
Outcome
Application granted
Legal Topics
Mareva Injunction, Interim Injunction, Lease Agreement, Irreparable Loss, Balance of Convenience
Source Language
English
Land Law Civil Procedure Arbitration Mareva Injunction Interim Injunction Lease Agreement Irreparable Loss Balance of Convenience

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Parties

ADACI HOLDINGS LTD

Applicant

TANZANIA POSTS CORPORATION

1st Respondent

ATTORNEY GENERAL

2nd Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Mareva Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a Mareva injunction restraining eviction pending arbitration
  2. 2 Whether the applicant has established a prima facie case, irreparable loss, and balance of convenience

Ratio Decidendi

The applicant established a prima facie case regarding the lease dispute, demonstrated irreparable loss to reputation that cannot be compensated by damages, and respondents failed to show any loss if injunction is granted. All conditions for a Mareva injunction are met.

Court Disposition

Application granted

Orders

  • Status quo at plot No. 1863, Block 'I', Nyalali curve, Masaki, Kinondoni Municipality, Dar es Salaam to be maintained pending expiry of the statutory notice served to the respondents.
  • No order as to costs.