20111012 TZHC Arusha

20111012 TZHC Arusha

An interim order is necessary to maintain the status quo and prevent the application and main suit from becoming meaningless before the application is heard interpartes.

Citation
20111012 TZHC Arusha
Parties
Applicant: H&R Consultants Ltd; 1st Respondent: Engen Petroleum (T) Ltd; 2nd Respondent: North Mark Oil & Transport Co. Ltd; 3rd Respondent: Lumalizya Auction Mart & Court Broker
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 October 2011
Procedural Posture
Miscellaneous Civil Application / Interim Application for Status Quo Pending Interpartes Hearing
Outcome
Interim order granted
Legal Topics
Interim Orders, Status Quo, Injunctions
Source Language
English
Civil Procedure Interim Orders Status Quo Injunctions

Case Brief

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Parties

H&R Consultants Ltd

Applicant

Engen Petroleum (T) Ltd

1st Respondent

North Mark Oil & Transport Co. Ltd

2nd Respondent

Lumalizya Auction Mart & Court Broker

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Interim Application for Status Quo Pending Interpartes Hearing

Legal Issues

  1. 1 Whether an interim order should be issued to maintain the status quo of the suit premises pending interpartes hearing of the application

Ratio Decidendi

An interim order is necessary to maintain the status quo and prevent the application and main suit from becoming meaningless before the application is heard interpartes.

Court Disposition

Interim order granted

Orders

  • Respondents, their agents, workmen and persons acting on their behalf are restrained from evicting, entering or interfering with the suit premises (Mianzini Engen Petrol Station) in any manner pending the hearing and final determination of the present application interpartes.