joshua international ltd vs mpale kaba mpoki 2002 tzhc 2040 31 december 2002

The applicant raised a serious legal issue regarding the entitlement of the respondent to sell stocks not covered by the security. The court found it fair to intervene and restrain the sale pending determination of the main application to prevent irreparable harm.

Citation: joshua international ltd vs mpale kaba mpoki 2002 tzhc 2040 31 december 2002
Parties: Applicant: Joshua International Ltd; Respondent: Mpale Kaba Mpoki
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 31 December 2002
Procedural Posture: Civil Application / Interim Injunction 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

Mpale Kaba Mpoki

Respondent

Procedural Posture

Civil Application / Interim Injunction 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

Respondent 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