isaack and sons co ltd vs north mara goldmine ltd 2021 tzhccomd 3291 28 july 2021

isaack and sons co ltd vs north mara goldmine ltd 2021 tzhccomd 3291 28 july 2021

The applicant is entitled to an interim order for inspection of the mining property under Order XXXVII Rule 8(1)(a)-(c) and Section 95 of the Civil Procedure Code, as the property is subject to the pending suit and the applicant has vested interests; refusal would occasion injustice.

Citation
isaack and sons co ltd vs north mara goldmine ltd 2021 tzhccomd 3291 28 july 2021
Parties
Applicant: Isaack & Sons Co. Ltd; Respondent: North Mara Gold Mine Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
28 July 2021
Procedural Posture
Miscellaneous Commercial Application / Ruling on Interim Application
Outcome
Application granted
Legal Topics
Interim Orders, Inspection of Property, Breach of Contract, Royalties, Mining Rights
Source Language
English
Civil Procedure Commercial Law Mining Law Interim Orders Inspection of Property Breach of Contract Royalties Mining Rights

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Parties

Isaack & Sons Co. Ltd

Applicant

North Mara Gold Mine Ltd

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Interim Application

Legal Issues

  1. 1 Whether the applicant is entitled to an interim order allowing inspection of the mining property
  2. 2 Applicability of Order XXXVII Rule 8(1)(a)-(c) and Section 95 of the Civil Procedure Code
  3. 3 Whether the applicant is improperly seeking evidence post-filing of suit

Ratio Decidendi

The applicant is entitled to an interim order for inspection of the mining property under Order XXXVII Rule 8(1)(a)-(c) and Section 95 of the Civil Procedure Code, as the property is subject to the pending suit and the applicant has vested interests; refusal would occasion injustice.

Court Disposition

Application granted

Orders

  • Applicant, her agents or servants, permitted to enter and inspect TR13/91, TR14/91, TR15/91 within Special Mining Licence No. 18/96 between 28th July 2021 and 28th October 2021.
  • Respondent and agents restrained from obstructing applicant's entry and ordered to cooperate.