prism badr jv vs tanzania roads agency another 2011 tzhc 2061 8 april 2011

prism badr jv vs tanzania roads agency another 2011 tzhc 2061 8 april 2011

Mr. Ephraem Mrema, by writing to the National Bank of Commerce demanding payment under the guarantees in defiance of the court's interim order, was in contempt of court. However, there was insufficient direct evidence to link TANROADS as an entity to the contempt. The court exercised its discretion to impose a fine rather than imprisonment, considering the circumstances and prior penalties imposed for similar conduct.

Citation
prism badr jv vs tanzania roads agency another 2011 tzhc 2061 8 april 2011
Parties
Plaintiff/applicant: PRISM-BADR J.V.; 1st Defendant/1st Respondent: Tanzania National Roads Agency (TANROADS); 2nd Defendant/2nd Respondent: Ephraem Mrema, CEO TANROADS
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 April 2011
Procedural Posture
Civil / Ruling on Application for Contempt and Ancillary Reliefs
Outcome
Application partly allowed
Legal Topics
Interim Injunctions, Contempt Proceedings, Enforcement of Court Orders, Attachment of Property, Civil Imprisonment
Source Language
English
Civil Procedure Contract Law Contempt of Court Interim Injunctions Contempt Proceedings Enforcement of Court Orders Attachment of Property Civil Imprisonment

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Parties

PRISM-BADR J.V.

Plaintiff/applicant

Tanzania National Roads Agency (TANROADS)

1st Defendant/1st Respondent

Ephraem Mrema, CEO TANROADS

2nd Defendant/2nd Respondent

Procedural Posture

Civil / Ruling on Application for Contempt and Ancillary Reliefs

Legal Issues

  1. 1 Whether Mr. Ephraem Mrema disobeyed the interim order of the court dated 11th June 2008
  2. 2 Whether attachment of property and civil imprisonment are warranted for contempt
  3. 3 Whether TANROADS as an entity is liable for contempt

Ratio Decidendi

Mr. Ephraem Mrema, by writing to the National Bank of Commerce demanding payment under the guarantees in defiance of the court's interim order, was in contempt of court. However, there was insufficient direct evidence to link TANROADS as an entity to the contempt. The court exercised its discretion to impose a fine rather than imprisonment, considering the circumstances and prior penalties imposed for similar conduct.

Court Disposition

Application partly allowed

Orders

  • Mr. Ephraem C.M. Mrema to pay a fine of TZS 1,000,000 within six months for contempt of court; in default, to be committed to civil prison for six months.
  • Mr. Mrema to pay costs of the application.