INTERCHEM PHARMA LTD VS KAREN BENJAMIN MENGI MISC

INTERCHEM PHARMA LTD VS KAREN BENJAMIN MENGI MISC

Since the respondents did not object to the application, and the law limits the duration of interim injunctions, the court granted the restraining orders for six months, with costs to be in the cause.

Citation
INTERCHEM PHARMA LTD VS KAREN BENJAMIN MENGI MISC
Parties
Applicant: Interchem Pharma Limited (In Receivership); 1st Respondent: Karen Benjamin Mengi (Administratrix of the Late Millie Benjamin Mengi); 2nd Respondent: CRDB Bank PLC; 3rd Respondent: Dar es Salaam Stock Exchange
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2015
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Application for Interim Injunction
Outcome
Application granted
Legal Topics
Interim Injunctions, Share Transfers, Costs of Proceedings
Source Language
English
Civil Procedure Commercial Law Interim Injunctions Share Transfers Costs of Proceedings

Case Brief

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Parties

Interchem Pharma Limited (In Receivership)

Applicant

Karen Benjamin Mengi (Administratrix of the Late Millie Benjamin Mengi)

1st Respondent

CRDB Bank PLC

2nd Respondent

Dar es Salaam Stock Exchange

3rd Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Application for Interim Injunction

Legal Issues

  1. 1 Whether interim injunction restraining share transactions should be granted pending the main suit
  2. 2 Whether costs should be awarded at this stage
  3. 3 Duration of interim injunction under CPC

Ratio Decidendi

Since the respondents did not object to the application, and the law limits the duration of interim injunctions, the court granted the restraining orders for six months, with costs to be in the cause.

Court Disposition

Application granted

Orders

  • 3rd respondent restrained from allowing CDS Account No. 190040 in the name of the applicant to be used for any transaction at the Dar es Salaam Stock Exchange for six months unless extended.
  • 2nd respondent restrained from registering any purported transfer of the shares at issue for six months unless extended.