19970925 TZHC Dar es Salaam

The court held that the jurisdictional and legal questions must be resolved before the defendant can arrest the African Queen; interim injunction is granted to maintain the status quo.

Citation: 19970925 TZHC Dar es Salaam
Parties: Applicant/plaintiff: Brittanic Oil & Petroleum (T) Ltd; Respondent/defendant: RIA MAR Shipping Co. Ltd
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 25 September 1997
Procedural Posture: Civil / Interlocutory Application for Temporary Injunction
Outcome: application for temporary injunction allowed
Legal Topics: Collision of Vessels, Injunction, Jurisdiction, Conflict of Laws
Source Language: English

Maritime Law Civil Procedure Collision of Vessels Injunction Jurisdiction Conflict of Laws

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Parties

Brittanic Oil & Petroleum (T) Ltd

Applicant/plaintiff

RIA MAR Shipping Co. Ltd

Respondent/defendant

Procedural Posture

Civil / Interlocutory Application for Temporary Injunction

Legal Issues

1 Whether the defendants can arrest the African Queen pending determination of the suit
2 Which jurisdiction and law should apply to the dispute

Ratio Decidendi

The court held that the jurisdictional and legal questions must be resolved before the defendant can arrest the African Queen; interim injunction is granted to maintain the status quo.

Court Disposition

application for temporary injunction allowed

Orders

Defendants and their agents restrained from arresting the African Queen or interfering with it until final determination of the suit.
Applicant/plaintiff to deposit in court a sum of TShs. 3,500,163.15 as security for repair costs.