apex commodities ltd vs kilombero plantations ltd 2019 tzhccomd 138 5 april 2019

apex commodities ltd vs kilombero plantations ltd 2019 tzhccomd 138 5 april 2019

The application met the conditions for an interim injunction as there are serious issues to be tried in the main case, the applicant would suffer greater hardship if the order is not granted, and the respondent did not oppose the application.

Citation
apex commodities ltd vs kilombero plantations ltd 2019 tzhccomd 138 5 april 2019
Parties
Applicant: Apex Commodities Ltd; Respondent: Kilombero Plantations Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
5 April 2019
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Injunctive Order Pending Determination of Main Suit
Outcome
Application granted
Legal Topics
Interim Injunctions, Contract Enforcement, Sale of Goods
Source Language
English
Civil Procedure Commercial Law Interim Injunctions Contract Enforcement Sale of Goods

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Parties

Apex Commodities Ltd

Applicant

Kilombero Plantations Ltd

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Injunctive Order Pending Determination of Main Suit

Legal Issues

  1. 1 Whether the applicant is entitled to an interim injunctive order restraining the respondent from removing or interfering with 725 metric tonnes of rice pending determination of the main suit
  2. 2 Whether the respondent should be allowed to transfer rice stocks for treatment purposes

Ratio Decidendi

The application met the conditions for an interim injunction as there are serious issues to be tried in the main case, the applicant would suffer greater hardship if the order is not granted, and the respondent did not oppose the application.

Court Disposition

Application granted

Orders

  • Respondent restrained from removing or interfering with 725 metric tonnes of rice in specified warehouses pending determination of Commercial Case No. 27 of 2019, except for permitted transfer for insecticide treatment.
  • Permission granted to transfer rice from Mgeta, Morogoro to Dar es Salaam for storage and treatment with insecticides.