20161101 TZHC Dar es Salaam

20161101 TZHC Dar es Salaam

Applicant failed to establish any of the statutory grounds for injunction under Order XXXVII Rule 2(1); the Bill of Lading had already been issued and was in applicant's possession at filing; balance of convenience disfavors injunction due to perishable nature of goods and risk of increased costs; proper remedy would be attachment before judgment, not injunction.

Citation
20161101 TZHC Dar es Salaam
Parties
Applicant: Multiple Logistics (T) Limited; 1st Respondent: Golden Agricultural Commodities Private Limited; 2nd Respondent: CMA CGM Tanzania Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 November 2016
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Injunction
Outcome
Application dismissed with costs
Legal Topics
Interlocutory Injunction, Attachment Before Judgment, Contractual Obligations, Bill of Lading
Source Language
English
Civil Procedure Contract Law Interlocutory Injunction Attachment Before Judgment Contractual Obligations Bill of Lading

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Parties

Multiple Logistics (T) Limited

Applicant

Golden Agricultural Commodities Private Limited

1st Respondent

CMA CGM Tanzania Limited

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to an interlocutory injunction restraining the respondents from using or issuing the Bill of Lading pending determination of the main suit
  2. 2 Whether the applicant has demonstrated grounds for the grant of an injunction under Order XXXVII Rule 2(1) of the Civil Procedure Code

Ratio Decidendi

Applicant failed to establish any of the statutory grounds for injunction under Order XXXVII Rule 2(1); the Bill of Lading had already been issued and was in applicant's possession at filing; balance of convenience disfavors injunction due to perishable nature of goods and risk of increased costs; proper remedy would be attachment before judgment, not injunction.

Court Disposition

Application dismissed with costs

Orders

  • Application for injunction is dismissed with costs