20200221 TZHC Dar es Salaam
Since the respondents do not oppose the application and negotiations are ongoing, the court grants the temporary injunction to preserve the subject matter until the main suit is determined.
Source-derived case information.
- Citation
- 20200221 TZHC Dar es Salaam
- Parties
- Applicant: NGM Gold Mine Ltd; Respondent: Tata Africa Holdings Tanzania Ltd; Respondent: Yono Africa Holding Auction Mart & Co. Ltd
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 21 February 2020
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Temporary Injunction
- Outcome
- Temporary injunction granted
- Legal Topics
- Temporary Injunction, Interim Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
NGM Gold Mine Ltd
Applicant
Tata Africa Holdings Tanzania Ltd
Respondent
Yono Africa Holding Auction Mart & Co. Ltd
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Temporary Injunction
Legal Issues
- 1 Whether a temporary injunction should be granted to restrain the respondents from forcefully taking the excavator pending determination of the main suit
Ratio Decidendi
Since the respondents do not oppose the application and negotiations are ongoing, the court grants the temporary injunction to preserve the subject matter until the main suit is determined.
Court Disposition
Temporary injunction granted
Orders
- Respondents, their agents, or workmen are restrained from forcefully taking excavator No. T. 709 DAL from the applicant pending hearing and determination of Civil Case No. 105/2017
- No order as to costs; each party to bear its own costs in this application
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC TANZANIA (DAR ES SALAAM DISTRICT REGISTRY) AT DAR ES SALAAM MISC CIVIL APPLICATION 316 OF 2017 (Arising from Civil Case No. 105 of 2017) NGM GOLD MINE LTD .................................................. APPLICANT VERSUS 1. TATA AFRICA HOLDINGS TANZANIA LTD l_ 2. YONO AFRICA HOLDING AUCTION MART ......JRESPONDENTS &CO. LTD RULING EBRAHIM, J. The applicant has brought the present application under Order 37R1. (a) and Section 68 (c) and (e) of the ....~ . Civil.. Procedure Code, Cap. 33 R.E. 2002 seeking to restrain the respondent from forcefully taking the excavator which is the subject matter of Civil Case No. 105/2017 pending before this court. Counsel for the applicant has registered before the court that following the negotiations going on between the parties, the respondent does not intend to oppose the application. 1 Advocate Kitikiro has confirmed such assertion that they do not oppose the application on the basis that there is ongoing negotiation to settle the matter. He added that the negotiations have reached a positive stage. That being the position therefore, I accordingly grant the temporary injunction and restrain the respondents or their agents or their workmen from forcefully taking the excavator No. T. 709 DAL from applicant pending the hearing and determination of Civil Case No. 105/2017. No order as to costs. Each party shall bear its own in this application. JUDGE 21/02/2020 2