northern hunting enterprises t ltd vs kibo guides another 2004 tzhccomd 66 16 july 2004

northern hunting enterprises t ltd vs kibo guides another 2004 tzhccomd 66 16 july 2004

The applicant demonstrated exclusive rights over the hunting blocks and irreparable harm from respondents' unauthorized activities; respondents' refusal to participate justified ex parte determination; mandatory and temporary injunctions are warranted to prevent further harm pending suit determination.

Citation
northern hunting enterprises t ltd vs kibo guides another 2004 tzhccomd 66 16 july 2004
Parties
Applicant/plaintiff: Northern Hunting Enterprises Ltd; Respondent/defendant: Kibo Guides Limited; Respondent/defendant: Tanganyika Wilderness Camps Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
16 July 2004
Procedural Posture
Application for Injunction (interlocutory) in Commercial Suit / Ruling on Interlocutory Application
Outcome
application granted
Legal Topics
Mandatory Injunction, Temporary Injunction, Exclusive Rights Under Contract, Service of Process, Tourism and Hunting Rights
Source Language
English
Commercial Law Property Law Injunctions Mandatory Injunction Temporary Injunction Exclusive Rights Under Contract Service of Process Tourism and Hunting Rights

Case Brief

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Parties

Northern Hunting Enterprises Ltd

Applicant/plaintiff

Kibo Guides Limited

Respondent/defendant

Tanganyika Wilderness Camps Ltd

Respondent/defendant

Procedural Posture

Application for Injunction (interlocutory) in Commercial Suit / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the applicant is entitled to a mandatory injunction for removal of respondents' camps from hunting blocks
  2. 2 Whether the applicant is entitled to a temporary injunction restraining respondents from entering and conducting tourism in the hunting blocks

Ratio Decidendi

The applicant demonstrated exclusive rights over the hunting blocks and irreparable harm from respondents' unauthorized activities; respondents' refusal to participate justified ex parte determination; mandatory and temporary injunctions are warranted to prevent further harm pending suit determination.

Court Disposition

application granted

Orders

  • Respondents ordered to remove camps from Longido and Burunge Game Controlled Areas
  • Temporary injunction restraining respondents, their servants or agents from entering or conducting tourism in the applicant's hunting blocks until suit determination