new life hardware co ltd vs shandong locheng exporting co ltd others 2022 tzhccomd 323 7 october 2022

new life hardware co ltd vs shandong locheng exporting co ltd others 2022 tzhccomd 323 7 october 2022

The applicant satisfied all three conditions for the grant of a temporary injunction: a prima facie case exists, irreparable harm would be suffered if the injunction is not granted, and the balance of convenience favors the applicant. The respondents' concerns about demurrage and storage costs can be addressed by damages in the main suit.

Citation
new life hardware co ltd vs shandong locheng exporting co ltd others 2022 tzhccomd 323 7 october 2022
Parties
Applicant: New Life Hardware Company; 1st Respondent: Shandong Locheng Exporting Co. Ltd; 2nd Respondent: Taishan Technology Limited; 3rd Respondent: Crysor Company Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
7 October 2022
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Temporary Injunction Pending Main Suit
Outcome
Application granted with costs.
Legal Topics
Temporary Injunctions, Sale of Goods, Interim Relief
Source Language
English
Civil Procedure Commercial Law Temporary Injunctions Sale of Goods Interim Relief

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Parties

New Life Hardware Company

Applicant

Shandong Locheng Exporting Co. Ltd

1st Respondent

Taishan Technology Limited

2nd Respondent

Crysor Company Limited

3rd Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Temporary Injunction Pending Main Suit

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction to restrain the respondents from dealing with sixteen containers of prime repainted galvanized steel coils pending determination of the main suit

Ratio Decidendi

The applicant satisfied all three conditions for the grant of a temporary injunction: a prima facie case exists, irreparable harm would be suffered if the injunction is not granted, and the balance of convenience favors the applicant. The respondents' concerns about demurrage and storage costs can be addressed by damages in the main suit.

Court Disposition

Application granted with costs.

Orders

  • Temporary injunction granted to maintain status quo ante bellam regarding the sixteen containers of prime repainted galvanized steel coils.
  • Respondents, their agents, assignees, or any other persons acting on their behalf are restricted from selling, transferring, or changing the ownership of the sixteen containers until determination of the main case.