irene energy ltd vs mohamed said nakanga 2020 tzhccomd 2083 18 february 2020

irene energy ltd vs mohamed said nakanga 2020 tzhccomd 2083 18 february 2020

The court found that arbitral proceedings had commenced upon service of notice of arbitration, and that the petitioner met all conditions for a temporary injunction, including existence of serious issues, risk of irreparable loss, and balance of convenience. Citation of law was not fatal as Section 3 of the Arbitration Act sufficed. The injunction was necessary to preserve the subject matter pending arbitration.

Citation
irene energy ltd vs mohamed said nakanga 2020 tzhccomd 2083 18 february 2020
Parties
Petitioner: Irene Energy Limited; Respondent: Mohamed Said Nakanga
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
18 February 2020
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Application for Temporary Injunction Pending Arbitration
Outcome
petition granted
Legal Topics
Temporary Injunction, Interim Conservatory Orders, Contractual Disputes, Assignment and Transfer of Mining Licences
Source Language
English
Arbitration Commercial Law Mining Law Temporary Injunction Interim Conservatory Orders Contractual Disputes Assignment and Transfer of Mining Licences

Case Brief

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Parties

Irene Energy Limited

Petitioner

Mohamed Said Nakanga

Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Application for Temporary Injunction Pending Arbitration

Legal Issues

  1. 1 Whether the court is properly moved under the cited provisions for interim relief pending arbitration
  2. 2 Whether there are pending arbitration proceedings between the parties
  3. 3 Whether the conditions for granting a temporary injunction are met

Ratio Decidendi

The court found that arbitral proceedings had commenced upon service of notice of arbitration, and that the petitioner met all conditions for a temporary injunction, including existence of serious issues, risk of irreparable loss, and balance of convenience. Citation of law was not fatal as Section 3 of the Arbitration Act sufficed. The injunction was necessary to preserve the subject matter pending arbitration.

Court Disposition

petition granted

Orders

  • Respondent, his agents, licensees or any other person under his authority are restrained from carrying on mining operations using mining licences PML000802SZ and PML005387SZ at Mkomole Village, Kilwa District, Lindi pending final determination of arbitration proceedings.
  • Each party to bear its own costs.