20090519 TZHC Dar es Salaam
The application was dismissed because the applicant had not referred the matter to arbitration before seeking a temporary injunction from the court, and the circumstances did not warrant court intervention prior to arbitration.
- Citation
- 20090519 TZHC Dar es Salaam
- Parties
- Applicant: Dr. A. Nkini & Associates; 1st Respondent: National Housing Corporation; 2nd Respondent: Kimbembe Auction Mart Limited & Tribunal Brokers
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 19 May 2009
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Temporary Injunction Pending Arbitration
- Outcome
- Application dismissed with costs
- Legal Topics
- Temporary Injunctions, Arbitration Proceedings, Joint Venture Termination
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Dr. A. Nkini & Associates
Applicant
National Housing Corporation
1st Respondent
Kimbembe Auction Mart Limited & Tribunal Brokers
2nd Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction Pending Arbitration
Legal Issues
- 1 Whether the court can issue a temporary injunctive order pending reference to arbitration when no suit has been filed before the Land Court
Ratio Decidendi
The application was dismissed because the applicant had not referred the matter to arbitration before seeking a temporary injunction from the court, and the circumstances did not warrant court intervention prior to arbitration.
Court Disposition
Application dismissed with costs
Orders
- Application for temporary injunction dismissed
- Costs awarded to respondents
Full Case Text
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