PDFTCMSourcet93 d

PDFTCMSourcet93 d

Applicant established prima facie case, faces irreparable harm due to exclusion from mining site, inability to monitor production, risk of irreversible damage, and finite nature of resource. Balance of convenience favors applicant. Temporary injunction granted to restrain respondents from mining activities pending determination of main suit.

Citation
PDFTCMSourcet93 d
Parties
Applicant: Mwacotra Limited; 1st Respondent: MGS Mining Services Limited; 2nd Respondent: Jiuding Mining Investment Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 1997
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Temporary Injunction
Outcome
Temporary injunction granted in favor of applicant; each party to bear its own costs.
Legal Topics
Temporary Injunction, Breach of Contract, Joint Venture Agreements, Mining Licences, Irreparable Harm, Balance of Convenience
Source Language
English
Civil Procedure Commercial Law Mining Law Temporary Injunction Breach of Contract Joint Venture Agreements Mining Licences Irreparable Harm +1 more

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Parties

Mwacotra Limited

Applicant

MGS Mining Services Limited

1st Respondent

Jiuding Mining Investment Limited

2nd Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether a prima facie case exists for grant of temporary injunction
  2. 2 Whether applicant faces irreparable harm absent injunction
  3. 3 Whether balance of convenience favors applicant

Ratio Decidendi

Applicant established prima facie case, faces irreparable harm due to exclusion from mining site, inability to monitor production, risk of irreversible damage, and finite nature of resource. Balance of convenience favors applicant. Temporary injunction granted to restrain respondents from mining activities pending determination of main suit.

Court Disposition

Temporary injunction granted in favor of applicant; each party to bear its own costs.

Orders

  • Respondents and their agents restrained from continuing mining activities under licences PML 0643GTA and PML 0644GTA pending determination of main suit.
  • Each party to bear its own costs.