kilimanjaro oil company ltd vs kcb bank tanzania ltd another 2022 tzhccomd 64 31 march 2022

IN THE HIGH COURT OF UNITED REPUBLIC OF THE TANZANIA (MAIN REGISTRY) AT DAR-ES-SALAAM MISC.COMMERCIAL APPLICATION NO.14 OF 2021 KILIMANJARO OIL COMPANY LTD................... APPLICANT VERSUS KCB BANK TANZANIA LIMITED ....<>..... ^RESPONDENT KCB KENYA LIMITED............ ^StS?^2<d\RESP0NDENT Date of Last Order: 10/03/2022 Date of Ruling: 31/03/2022 RULING^ NANGELA, J.: XX \X> This%ilinmis in\espect of an application preferred by th&T^pplicari'f'under a certificate of urgency. The 11 x\xx application wasxbrought under Order XXXVII Rule l(a, Order^XITMtule 2 and Section 68 (c) and (e) of the Civil Procedure Code, Cap.33 R.E 2019. At the heart of the application are the following prayers: EX-PARTE: 1. That, the Hon. Court be pleased to make a finding that sufficient Page 1 of 5 grounds exist to dispense with the notice requirement. 2. That, the Honourable Court be pleased to make an interim order to restrain the Respondents or their agents, servants, assigns or whomsoever will be acting under their instructions or authority from selling any collaterals "and from taking any stepZtow^rds^ recovering 1,307,902,894.82 \md \USD 3,487,206.32xand^anyMnterest and pep^ies^refrom, from the Applicant and from^n^collateral f( XX > / z|Dtedged as/secupty, pending the ^h^ri^and^etermination inter- xpartes^z> -Costs. beln the main application. INTER-PARTES: 1, This Hon. Court be pleased to make an order of temporary injunction to restrain the Respondents or their agents, servants, assigns of whomsoever will be acting under their instructions or authority from selling any collaterals and from taking any step towards Page 2 of 5 recovering TZS 1,307,902,894.82 and USD 3,487,206.32 and any interest and penalties therefrom, from the Applicant and from any collateral pledged as security, pending the hearing and final determination of Commercial Case No.7 of 2022. 2. Costs of this Application^ be\ \V provided for by the Respondents. Any other ^ord^^^R^^iis 3. Honourable^Gourfcleems-just and NX When the parties appearedxbefore appeared\before me on the 15 day of February/2022^Mr^Frapk Mwalongo and Juventus Katikiro, learned^aclvocates<represented the Applicant while learned advocate appeared for tKe^spoq^entsrUpon submissions by Mr Mwalongo, this. Court granted the ex-parte prayer for interim order pending^the/final determination of this application. The main application was scheduled for hearing on the 16th March 2022. On the material date, Mr. Mwalongo appeared for the Applicant while the learned counsels, Ms Regina Kiumba and Ndehurio Ndesamburo, appeared for the Respondents. Mr Mwalongo submitted to the Court that, Page 3 of 5 although the matter was scheduled for hearing, he has received a letter from the Respondents conceding to the application and prayers made therein. He therefore urged this Court to grant the application. For her part, Ms Kiumba supported Mr Mwalongo's submission. However, he made a further addition that, should the Court so grant the application as prayed, it should nevertheless grant it with no orders as^to costs. Mr Mwalongo did not object to the waivirig^of^costs^of/this application. In view of the above, thisjc&urtxlosnereby proceeds A to grant the application-'and settles for the following orders: //* / k/^HAT,\hthev'Resp0ndents or their agertsS^sejyants, assigns or y\ whomsoever acting under their ^instructions or authority are \\hereby restrained from selling any collaterals and from taking any step towards recovering TZS 1,307,902,894.82 and USD 3,487,206.32 and any Interest and penalties therefrom, from the Applicant and from any collateral pledged as security, pending the hearing and final determination Page 4 of 5 of Commercial Case No.7 of 2022. 2. The Application is granted with no orders as to costs It is so ordered. DATED at DAR-ES-SALAAM ON THIS 31st DAY OF THf Page 5 of 5