energy and water utilities regulatory authority vs truck link limited and another 2016 tzhc 2027 29 january 2016

energy and water utilities regulatory authority vs truck link limited and another 2016 tzhc 2027 29 january 2016

The respondents' failure to comply with the compliance order, as conclusively proved by the applicant and not contested by the respondents, justifies the grant of an injunction and imposition of a statutory fine under the Energy and Water Utilities Regulatory Authority Act.

Citation
energy and water utilities regulatory authority vs truck link limited and another 2016 tzhc 2027 29 january 2016
Parties
Applicant: Energy and Water Utilities Regulatory Authority; 1st Respondent: Truck Link Limited t/a Msufini Filling Station a.k.a Mlandizi Filling Station a.k.a Kongowe Filling Station; 2nd Respondent: Mr. Ahmed Jamal
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 January 2016
Procedural Posture
Miscellaneous Civil Cause / Ex Parte Ruling
Outcome
Application granted
Legal Topics
Enforcement of Compliance Orders, Contempt of Regulatory Authority, Injunctions, Penalties for Non Compliance
Source Language
English
Administrative Law Regulatory Law Environmental Law Enforcement of Compliance Orders Contempt of Regulatory Authority Injunctions Penalties for Non Compliance

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Parties

Energy and Water Utilities Regulatory Authority

Applicant

Truck Link Limited t/a Msufini Filling Station a.k.a Mlandizi Filling Station a.k.a Kongowe Filling Station

1st Respondent

Mr. Ahmed Jamal

2nd Respondent

Procedural Posture

Miscellaneous Civil Cause / Ex Parte Ruling

Legal Issues

  1. 1 Whether the respondents disobeyed the compliance order issued by the applicant
  2. 2 Whether the respondents should be penalized for contempt of the applicant's compliance orders
  3. 3 Whether an injunction should be granted against the respondents

Ratio Decidendi

The respondents' failure to comply with the compliance order, as conclusively proved by the applicant and not contested by the respondents, justifies the grant of an injunction and imposition of a statutory fine under the Energy and Water Utilities Regulatory Authority Act.

Court Disposition

Application granted

Orders

  • Injunction entered against the respondents barring them from conducting fuel business at the respective petrol stations
  • Respondents ordered to pay a fine of Tshs. 3,000,000