am steel iron mills ltd vs exim bank t ltd 2022 tzhccomd 255 31 august 2022

am steel iron mills ltd vs exim bank t ltd 2022 tzhccomd 255 31 august 2022

The applicant met all the prerequisites for a temporary injunction, as there is a pending suit and a real threat of irreparable harm if the properties are sold before the case is determined. The balance of convenience favours maintaining the status quo.

Citation
am steel iron mills ltd vs exim bank t ltd 2022 tzhccomd 255 31 august 2022
Parties
Applicant: AM Steel & Iron Mills Ltd; 1st Respondent: Exim Bank (Tanzania) Ltd; 2nd Respondent: Harvest (Tanzania) Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
31 August 2022
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Temporary Injunction
Outcome
Application granted
Legal Topics
Temporary Injunction, Status Quo Orders, Property Restraint
Source Language
English
Civil Procedure Commercial Law Temporary Injunction Status Quo Orders Property Restraint

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Parties

AM Steel & Iron Mills Ltd

Applicant

Exim Bank (Tanzania) Ltd

1st Respondent

Harvest (Tanzania) Ltd

2nd Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the respondents from selling the applicant’s properties pending determination of the main suit
  2. 2 Whether the status quo should be maintained as of 7th March 2022

Ratio Decidendi

The applicant met all the prerequisites for a temporary injunction, as there is a pending suit and a real threat of irreparable harm if the properties are sold before the case is determined. The balance of convenience favours maintaining the status quo.

Court Disposition

Application granted

Orders

  • Temporary injunction granted restraining the respondents and their agents from selling, alienating, or transferring the applicant’s properties (Plots Nos. 949 at Kawe, Plot No. 200 Block 6 at Mbweni JKT area, and Plot No. 202 Block 6 at Mbweni JKT area, Dar-es-Salaam) pending determination of the main suit.
  • Status quo to be maintained as on 7th March 2022 when the main case was admitted in court.