filgona ranga duko vs tata africa holding tanzania ltd and others 2020 tzhccomd 62 15 june 2020

filgona ranga duko vs tata africa holding tanzania ltd and others 2020 tzhccomd 62 15 june 2020

The court held that the impounding and intended sale of vehicles not specified in the notice of default was a serious violation of the applicant's property rights and that the applicant would suffer irreparable loss if the vehicles were disposed of before the main suit is determined. Therefore, interim restraint and release orders were justified.

Citation
filgona ranga duko vs tata africa holding tanzania ltd and others 2020 tzhccomd 62 15 june 2020
Parties
Applicant: Filgona Ranga Duko; 1st Respondent: Tata Africa Holding Tanzania Ltd; 2nd Respondent: Alliance Finance Corporation Ltd; 3rd Respondent: GSP Auction Mart; 4th Respondent: TWC Insurance Agency
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
15 June 2020
Procedural Posture
Miscellaneous Commercial Application / Interim Application for Injunction
Outcome
Application granted
Legal Topics
Interim Injunction, Movable Property Attachment, Breach of Contract, Notice Requirements
Source Language
English
Civil Procedure Commercial Law Interim Injunction Movable Property Attachment Breach of Contract Notice Requirements

Case Brief

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Parties

Filgona Ranga Duko

Applicant

Tata Africa Holding Tanzania Ltd

1st Respondent

Alliance Finance Corporation Ltd

2nd Respondent

GSP Auction Mart

3rd Respondent

TWC Insurance Agency

4th Respondent

Procedural Posture

Miscellaneous Commercial Application / Interim Application for Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to an interim injunction restraining the sale of her motor vehicles pending the main suit
  2. 2 Whether the attachment and intended sale of the applicant's vehicles was lawful and in accordance with the agreement

Ratio Decidendi

The court held that the impounding and intended sale of vehicles not specified in the notice of default was a serious violation of the applicant's property rights and that the applicant would suffer irreparable loss if the vehicles were disposed of before the main suit is determined. Therefore, interim restraint and release orders were justified.

Court Disposition

Application granted

Orders

  • 3rd Respondent and its agents are restrained from disposing of the Applicant's vehicle with Registration No. T526 DNP pending determination of Commercial Case No.45 of 2020.
  • 3rd Respondent and its agents are ordered to immediately release the Applicant's vehicles with Registration Nos. T.867 DMU and T.178 DPE as they were not subject of the notice of default.