19921201 TZHC Dar es Salaam

19921201 TZHC Dar es Salaam

The temporary injunction was set aside because it was granted ex parte without notice to the defendants, and no application for dispensation of notice was made. Furthermore, the plaintiff's claim for breach of contract and general damages is adequately compensable by damages, and no irreparable loss was established. The dealership agreement was not exclusive, and the defendants had already appointed other dealers before the injunction was granted, making the order unnecessary and inapplicable.

Citation
19921201 TZHC Dar es Salaam
Parties
Plaintiff: Data Bureau Limited; Defendant: Pan African Computer Services Ltd; Defendant: Apple Computer Europe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 December 1992
Procedural Posture
Civil / Ruling on Application to Set Aside Temporary Injunction
Outcome
Application granted; temporary injunction set aside with costs.
Legal Topics
Temporary Injunctions, Breach of Contract, Agency, Notice Requirements
Source Language
English
Civil Procedure Contract Law Temporary Injunctions Breach of Contract Agency Notice Requirements

Case Brief

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Parties

Data Bureau Limited

Plaintiff

Pan African Computer Services Ltd

Defendant

Apple Computer Europe

Defendant

Procedural Posture

Civil / Ruling on Application to Set Aside Temporary Injunction

Legal Issues

  1. 1 Whether the temporary injunction should be set aside for lack of notice and insufficient grounds
  2. 2 Whether irreparable loss was established to justify the injunction

Ratio Decidendi

The temporary injunction was set aside because it was granted ex parte without notice to the defendants, and no application for dispensation of notice was made. Furthermore, the plaintiff's claim for breach of contract and general damages is adequately compensable by damages, and no irreparable loss was established. The dealership agreement was not exclusive, and the defendants had already appointed other dealers before the injunction was granted, making the order unnecessary and inapplicable.

Court Disposition

Application granted; temporary injunction set aside with costs.

Orders

  • Order for temporary injunction set aside.
  • Defendants to file written statement of defence within 21 days from the date of the ruling.