dr fransis dida ta claud 9 wellness services vs dang mai duong and 2 others 2020 tzhc 1568 30 july 2020

dr fransis dida ta claud 9 wellness services vs dang mai duong and 2 others 2020 tzhc 1568 30 july 2020

The application for temporary injunction was dismissed because the relief sought would pre-empt the main suit, the applicant had already been removed from management, and the grounds for injunction were prematurely raised and not sufficient to warrant interlocutory relief.

Citation
dr fransis dida ta claud 9 wellness services vs dang mai duong and 2 others 2020 tzhc 1568 30 july 2020
Parties
Applicant: Dr. Fransis Dida t/a Claud 9 Wellness Services; 1st Respondent: Dang Mai Duong; 2nd Respondent: Jilinde Fitness and Sports Solution and Co. Ltd.; 3rd Respondent: Barnabas Mwaluvanda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 July 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application dismissed with costs
Legal Topics
Temporary Injunction, Partnership Dispute, Interlocutory Relief
Source Language
English
Civil Procedure Partnership Law Temporary Injunction Partnership Dispute Interlocutory Relief

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Parties

Dr. Fransis Dida t/a Claud 9 Wellness Services

Applicant

Dang Mai Duong

1st Respondent

Jilinde Fitness and Sports Solution and Co. Ltd.

2nd Respondent

Barnabas Mwaluvanda

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the respondents from breaching the partnership deed and/or taking over management pending the main suit

Ratio Decidendi

The application for temporary injunction was dismissed because the relief sought would pre-empt the main suit, the applicant had already been removed from management, and the grounds for injunction were prematurely raised and not sufficient to warrant interlocutory relief.

Court Disposition

Application dismissed with costs

Orders

  • Application for temporary injunction dismissed
  • Applicant to pay costs