moona pharmacy limited vs highnoon laboratories limited others 2016 tzhc 2066 19 july 2016

moona pharmacy limited vs highnoon laboratories limited others 2016 tzhc 2066 19 july 2016

The applicant properly cited Order XXXVII Rule 1(a) and section 68(e) for temporary injunction. Irrelevant citation of sections 93 and 95 does not render the application incompetent. The second limb of the preliminary objection regarding jurisdiction is misconceived and should be addressed in the main suit, not the interlocutory application.

Citation
moona pharmacy limited vs highnoon laboratories limited others 2016 tzhc 2066 19 july 2016
Parties
Applicant: Moona's Pharmacy Limited; 1st Respondent: Highnoon Laboratories Limited; 2nd Respondent: Synapse Chemicals (Private) Limited; 3rd Respondent: Tanzania Food and Drugs Authority; 4th Respondent: Harley's (T) Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 July 2016
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Preliminary objections overruled
Legal Topics
Temporary Injunction, Jurisdiction, Preliminary Objection
Source Language
English
Civil Procedure Temporary Injunction Jurisdiction Preliminary Objection

Case Brief

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Parties

Moona's Pharmacy Limited

Applicant

Highnoon Laboratories Limited

1st Respondent

Synapse Chemicals (Private) Limited

2nd Respondent

Tanzania Food and Drugs Authority

3rd Respondent

Harley's (T) Limited

4th Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the applicant cited the correct legal provisions for temporary injunction
  2. 2 Whether the court has jurisdiction to entertain the application

Ratio Decidendi

The applicant properly cited Order XXXVII Rule 1(a) and section 68(e) for temporary injunction. Irrelevant citation of sections 93 and 95 does not render the application incompetent. The second limb of the preliminary objection regarding jurisdiction is misconceived and should be addressed in the main suit, not the interlocutory application.

Court Disposition

Preliminary objections overruled

Orders

  • 4th Respondent to pay Plaintiff's costs