quality center ltd another vs pricewaterhouse coopers pwc others 2019 tzhc 49 23 september 2019

quality center ltd another vs pricewaterhouse coopers pwc others 2019 tzhc 49 23 september 2019

The court cannot grant an order maintaining status quo over the suit property because the High Court Commercial Division has already made a decision regarding the same property, and issuing another order would cause confusion due to concurrent jurisdiction and res judicata.

Citation
quality center ltd another vs pricewaterhouse coopers pwc others 2019 tzhc 49 23 september 2019
Parties
Applicant: Quality Centre Limited; Applicant: Quality Group Limited; Respondent: Pricewaterhouse Coopers (PWC); Respondent: Eastern and Southern Africa Trade and Development Bank (TDB); Respondent: David T. Tarimo; Respondent: Nelson E. Msuya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 September 2019
Procedural Posture
Miscellaneous Land Application / Ruling on Interim Injunctive Order
Outcome
Application rejected
Legal Topics
Interim Injunction, Status Quo Orders, Res Judicata, Concurrent Jurisdiction
Source Language
English
Civil Procedure Property Law Interim Injunction Status Quo Orders Res Judicata Concurrent Jurisdiction

Case Brief

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Parties

Quality Centre Limited

Applicant

Quality Group Limited

Applicant

Pricewaterhouse Coopers (PWC)

Respondent

Eastern and Southern Africa Trade and Development Bank (TDB)

Respondent

David T. Tarimo

Respondent

Nelson E. Msuya

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Interim Injunctive Order

Legal Issues

  1. 1 Whether the court can grant an interim injunctive order maintaining status quo over the suit property when another court with concurrent jurisdiction has already determined the matter
  2. 2 Whether the application is barred by res judicata

Ratio Decidendi

The court cannot grant an order maintaining status quo over the suit property because the High Court Commercial Division has already made a decision regarding the same property, and issuing another order would cause confusion due to concurrent jurisdiction and res judicata.

Court Disposition

Application rejected

Orders

  • Applicants' prayer for maintaining status quo is rejected.
  • Applicants to bear the costs.