northern hunting enterprises t ltd vs kibo guides another 2005 tzhccomd 29 7 january 2005

northern hunting enterprises t ltd vs kibo guides another 2005 tzhccomd 29 7 january 2005

The dispute concerns commercial hunting rights under an agreement, not land ownership, so the Commercial Court has jurisdiction. The plaint discloses a cause of action, the claim for special damages is sufficiently particularized for this stage, and the Applicants' refusal to accept service justifies punitive costs. The injunctive orders are proper and should remain in force until final determination of the suit.

Citation
northern hunting enterprises t ltd vs kibo guides another 2005 tzhccomd 29 7 january 2005
Parties
Plaintiff/respondent: Northern Hunting Enterprises (T) Ltd; Defendant/applicant: Kibo Guides Ltd; Defendant/applicant: Tanganyika Wilderness Camps Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
7 January 2005
Procedural Posture
Commercial Case / Ruling on Preliminary Objections and Application to Discharge Injunctive Orders
Outcome
All preliminary objections dismissed with costs; application to discharge injunctive orders dismissed; punitive costs imposed for refusal to accept service; injunctive orders to remain in force until final determination of the suit.
Legal Topics
Jurisdiction, Injunctions, Cause of Action, Special Damages, Service of Process, Punitive Costs
Source Language
English
Commercial Law Contract Law Civil Procedure Jurisdiction Injunctions Cause of Action Special Damages Service of Process +1 more

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Parties

Northern Hunting Enterprises (T) Ltd

Plaintiff/respondent

Kibo Guides Ltd

Defendant/applicant

Tanganyika Wilderness Camps Ltd

Defendant/applicant

Procedural Posture

Commercial Case / Ruling on Preliminary Objections and Application to Discharge Injunctive Orders

Legal Issues

  1. 1 Whether the Commercial Court has jurisdiction over the dispute
  2. 2 Whether the plaint discloses a cause of action
  3. 3 Whether the claim for special damages is vague

Ratio Decidendi

The dispute concerns commercial hunting rights under an agreement, not land ownership, so the Commercial Court has jurisdiction. The plaint discloses a cause of action, the claim for special damages is sufficiently particularized for this stage, and the Applicants' refusal to accept service justifies punitive costs. The injunctive orders are proper and should remain in force until final determination of the suit.

Court Disposition

All preliminary objections dismissed with costs; application to discharge injunctive orders dismissed; punitive costs imposed for refusal to accept service; injunctive orders to remain in force until final determination of the suit.

Orders

  • Applicants to pay TZS 500,000 as punitive costs within four days or face two weeks civil imprisonment for Mr. W.G. Chambulo.
  • Applicants to remove any camps and stop tourist activities within the two hunting blocks allocated to the Respondent within seven days if any exist.