joshua international ltd vs mpoki 2002 tzhc 18 31 december 2002

The court found that there is a serious legal issue regarding whether the respondent is entitled to attach and sell the stocks in the two shops, and that irreparable harm may occur if the sale proceeds before the issue is determined. The balance of convenience favors granting the injunction.

Citation: joshua international ltd vs mpoki 2002 tzhc 18 31 december 2002
Parties: Applicant: Joshua International Ltd; Respondent: Hpale Kaba Hpold
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 31 December 2002
Procedural Posture: Civil / Interim Injunction Application Ruling
Outcome: interim injunction granted
Legal Topics: Injunctions, Receivership, Secured Transactions
Source Language: English

Civil Procedure Commercial Law Injunctions Receivership Secured Transactions

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Parties

Joshua International Ltd

Applicant

Hpale Kaba Hpold

Respondent

Procedural Posture

Civil / Interim Injunction Application Ruling

Legal Issues

1 Whether the respondent is entitled to attach and sell the stocks of the applicant's two shops for which no charge was secured
2 Whether an interim injunction should be granted to restrain the respondent from disposing of the stocks pending determination of the main application

Ratio Decidendi

Court Disposition

interim injunction granted

Orders

Respondents are restrained from opening bids or disposing of any stock in the two shops at DSM and Arusha until hearing and determination of the main application.
Hearing of the main application set for 28/2/2003.