198 80527 TZHC Dar es Salaam

198 80527 TZHC Dar es Salaam

The court found that permitting the respondent to take over the site and allow a new company to commence work would frustrate the main suit and render pending applications sterile, thus defeating the ends of justice. The application for an interim restraining order was therefore granted.

Source-derived case information.

Citation
198 80527 TZHC Dar es Salaam
Parties
Plaintiff: Construction Engineers & Builders Ltd; Defendant: Tanzania Tourist Corporation
Court
TZHC
Jurisdiction
Tanzania
Procedural Posture
Civil / Interlocutory Application for Interim Restraining Order
Outcome
Application granted
Legal Topics
Interim Injunctions, Foreclosure of Construction Contracts, Company Status and Legal Standing
Source Language
english
Civil Procedure Contract Law Interim Injunctions Foreclosure of Construction Contracts Company Status and Legal Standing

Source-derived case record

Summary, issues, holding and outcome

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Parties

Construction Engineers & Builders Ltd

Plaintiff

Tanzania Tourist Corporation

Defendant

Procedural Posture

Civil / Interlocutory Application for Interim Restraining Order

Legal Issues

  1. 1 Whether the respondent should be restrained from taking over the construction site and allowing a new company to commence work before the applicant's claims are settled
  2. 2 Whether the respondent's intended actions would defeat the ends of justice and amount to contempt of pending legal proceedings

Ratio Decidendi

The court found that permitting the respondent to take over the site and allow a new company to commence work would frustrate the main suit and render pending applications sterile, thus defeating the ends of justice. The application for an interim restraining order was therefore granted.

Court Disposition

Application granted

Orders

  • Respondent restrained from taking over the site and from allowing any new building company to enter and commence work until the applicant's intended application for temporary injunction is heard and determined.
  • Permission granted to the applicant to remove its truck(s) from the site.