MS AFRIQ VS THE REGISTERED TRUSTEES MISC

MS AFRIQ VS THE REGISTERED TRUSTEES MISC

The applicant failed to provide particulars of irreparable loss, a mandatory requirement for granting a temporary injunction. The 2nd Respondent is not a party to the main suit, making the application against it improper. Thus, the application does not meet the legal threshold for the reliefs sought.

Citation
MS AFRIQ VS THE REGISTERED TRUSTEES MISC
Parties
Applicant: M/S Afriq Engineering and Construction Company Limited; 1st Respondent: The Registered Trustees of the Anglican Church of Tanzania (Contracted as Diocese of Central Tanganyika the Anglican Church of Tanzania); 2nd Respondent: The Commercial Bank of Africa (Tanzania) Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Temporary Restraining Order and Related Reliefs
Outcome
Application dismissed with costs
Legal Topics
Temporary Injunctions, Advance Payment Guarantees, Construction Contracts, Arbitration Clauses
Source Language
English
Civil Procedure Commercial Law Contract Law Temporary Injunctions Advance Payment Guarantees Construction Contracts Arbitration Clauses

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Parties

M/S Afriq Engineering and Construction Company Limited

Applicant

The Registered Trustees of the Anglican Church of Tanzania (Contracted as Diocese of Central Tanganyika the Anglican Church of Tanzania)

1st Respondent

The Commercial Bank of Africa (Tanzania) Limited

2nd Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Temporary Restraining Order and Related Reliefs

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary restraining order against the 1st Respondent to prevent eviction and maintain status quo ante
  2. 2 Whether the 2nd Respondent can be ordered to recall money released under an advance payment guarantee

Ratio Decidendi

The applicant failed to provide particulars of irreparable loss, a mandatory requirement for granting a temporary injunction. The 2nd Respondent is not a party to the main suit, making the application against it improper. Thus, the application does not meet the legal threshold for the reliefs sought.

Court Disposition

Application dismissed with costs

Orders

  • Application for temporary restraining order against the 1st Respondent is denied
  • Application for order against the 2nd Respondent to recall money is denied