19970919 TZHC Dar es Salaam

19970919 TZHC Dar es Salaam

The court held that the questions of jurisdiction and applicable law must be resolved before the defendant can arrest the plaintiff's vessel, and therefore granted an interim injunction to maintain the status quo.

Citation
19970919 TZHC Dar es Salaam
Parties
Applicant/plaintiff: Britannic Oil & Petroleum (T) Ltd; Defendant/respondent: Ria Mar Shipping Co. Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 September 1997
Procedural Posture
Civil / Interlocutory Application for Temporary Injunction
Outcome
application for temporary injunction allowed
Legal Topics
Collision of Vessels, Temporary Injunction, Conflict of Laws, Jurisdiction
Source Language
English
Maritime Law Civil Procedure Collision of Vessels Temporary Injunction Conflict of Laws Jurisdiction

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Parties

Britannic Oil & Petroleum (T) Ltd

Applicant/plaintiff

Ria Mar Shipping Co. Ltd

Defendant/respondent

Procedural Posture

Civil / Interlocutory Application for Temporary Injunction

Legal Issues

  1. 1 Whether the defendant should be restrained from arresting the plaintiff's vessel pending determination of the suit
  2. 2 Which court has jurisdiction and which law applies to the dispute

Ratio Decidendi

The court held that the questions of jurisdiction and applicable law must be resolved before the defendant can arrest the plaintiff's vessel, and therefore granted an interim injunction to maintain the status quo.

Court Disposition

application for temporary injunction allowed

Orders

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