RULING MSK REFINERY LTD v THE AG and 2 other

RULING MSK REFINERY LTD v THE AG and 2 other

Justice requires respondents to wait for outcome of counter claim before exercising right to sell suit property; applicant may suffer irreparable loss if property is disposed before determination; balance of convenience favors maintaining status quo pending determination of related cases.

Citation
RULING MSK REFINERY LTD v THE AG and 2 other
Parties
Applicant: MSK Refinery Ltd; 1st Respondent: The Attorney General; 2nd Respondent: TIB Development Bank Ltd; 3rd Respondent: Split Decisions Company Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
29 February 2024
Procedural Posture
Miscellaneous Civil Application / Ruling on Interim Relief (maintenance of Status Quo)
Outcome
Application granted (declaratory order issued)
Legal Topics
Interim Relief, Status Quo Orders, Mortgage Disputes, Temporary Injunctions
Source Language
English
Civil Procedure Property Law Contract Law Interim Relief Status Quo Orders Mortgage Disputes Temporary Injunctions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

MSK Refinery Ltd

Applicant

The Attorney General

1st Respondent

TIB Development Bank Ltd

2nd Respondent

Split Decisions Company Ltd

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Interim Relief (maintenance of Status Quo)

Legal Issues

  1. 1 Whether the court should grant an order maintaining status quo to prevent sale of suit property pending determination of related cases

Ratio Decidendi

Justice requires respondents to wait for outcome of counter claim before exercising right to sell suit property; applicant may suffer irreparable loss if property is disposed before determination; balance of convenience favors maintaining status quo pending determination of related cases.

Court Disposition

Application granted (declaratory order issued)

Orders

  • Suit property including plant and machines at Plot no. 82 Block ‘A’ Nyashishi area, Usagara Trading Centre, Misungwi District, Mwanza region with Title no. 60050 LR shall not be sold by the 3rd respondent until final determination of Civil Case 11/2021.
  • No order as to costs.