maxcom africa plc vs uda rapid transit plc 2018 tzhccomd 62 8 may 2018

maxcom africa plc vs uda rapid transit plc 2018 tzhccomd 62 8 may 2018

The applicant cited the relevant enabling provisions for the order sought, so the preliminary objections are dismissed. However, since the contract between the parties expired and any loss to the applicant is reparable by damages, and as granting the order would allow business operations without a binding contract, the application for maintenance of status quo is declined.

Citation
maxcom africa plc vs uda rapid transit plc 2018 tzhccomd 62 8 may 2018
Parties
Applicant: Maxcom Africa PLC; Respondent: UDA Rapid Transit PLC
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
8 May 2018
Procedural Posture
Commercial Application / Ruling on Application for Maintenance of Status Quo and Preliminary Objections
Outcome
Application dismissed
Legal Topics
Interim Orders, Maintenance of Status Quo, Restoration of Suit, Jurisdiction, Contract Expiry
Source Language
English
Civil Procedure Commercial Law Interim Orders Maintenance of Status Quo Restoration of Suit Jurisdiction Contract Expiry

Case Brief

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Parties

Maxcom Africa PLC

Applicant

UDA Rapid Transit PLC

Respondent

Procedural Posture

Commercial Application / Ruling on Application for Maintenance of Status Quo and Preliminary Objections

Legal Issues

  1. 1 Whether the court has been properly moved to grant an order of maintenance of status quo
  2. 2 Whether the application is competent in absence of a pending suit
  3. 3 Whether the applicant is entitled to an order of maintenance of status quo pending restoration application

Ratio Decidendi

The applicant cited the relevant enabling provisions for the order sought, so the preliminary objections are dismissed. However, since the contract between the parties expired and any loss to the applicant is reparable by damages, and as granting the order would allow business operations without a binding contract, the application for maintenance of status quo is declined.

Court Disposition

Application dismissed

Orders

  • Preliminary objections dismissed
  • Application for maintenance of status quo declined