20120423 TZHC Dar es Salaam

The first respondent was found to have actively caused and supervised the disconnection of services from the suit premises in breach of a subsisting court order, which was based on the parties' agreement and remained in force pending the determination of the main suit. The act constituted contempt of court, warranting punitive action.

Citation: 20120423 TZHC Dar es Salaam
Parties: Applicant: Agricom Africa Ltd; 1st Respondent: John Mallya; 2nd Respondent: Usu Mallya
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 23 April 2012
Procedural Posture: Application for Committal for Civil Contempt / Ruling on Application
Outcome: Application granted in part; first respondent found in contempt, second respondent exonerated.
Legal Topics: Contempt of Court, Temporary Injunctions, Lease Disputes
Source Language: English

Civil Procedure Land Law Contempt of Court Temporary Injunctions Lease Disputes

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Parties

Agricom Africa Ltd

Applicant

John Mallya

1st Respondent

Usu Mallya

2nd Respondent

Procedural Posture

Application for Committal for Civil Contempt / Ruling on Application

Legal Issues

1 Whether the respondents were instrumental in causing and supervising the disconnection of electricity and water services from the disputed premises.
2 Whether such acts amounted to contempt of court order.

Ratio Decidendi

Court Disposition

Application granted in part; first respondent found in contempt, second respondent exonerated.

Orders

First respondent to pay a fine of TZS 2,000,000 within 7 days, in default to be committed as a civil prisoner for 12 months.
First respondent to cause restoration of disconnected services within 7 days.