20160129 TZHC Dar es Salaam

20160129 TZHC Dar es Salaam

The respondents were served with a compliance order, failed to comply, and did not contest the application; under the Energy and Water Utilities Regulatory Authority Act, the compliance order is enforceable as an injunction and the respondents are liable to penalties for non-compliance.

Citation
20160129 TZHC Dar es Salaam
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 on Enforcement of Compliance Order
Outcome
Application granted
Legal Topics
Enforcement of Regulatory Compliance, Contempt of Compliance Order, Injunctions, Penalties for Non Compliance
Source Language
English
Administrative Law Regulatory Law Environmental Law Enforcement of Regulatory Compliance Contempt of Compliance Order Injunctions Penalties for Non Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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 on Enforcement of Compliance Order

Legal Issues

  1. 1 Whether the respondents disobeyed the applicant's compliance order dated 01/04/2009
  2. 2 Whether the respondents should be penalized for contempt of the compliance order
  3. 3 Whether an injunction should be issued against the respondents

Ratio Decidendi

The respondents were served with a compliance order, failed to comply, and did not contest the application; under the Energy and Water Utilities Regulatory Authority Act, the compliance order is enforceable as an injunction and the respondents are liable to penalties for non-compliance.

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