RULING MUSOMA FOOD MISC

RULING MUSOMA FOOD MISC

No dispute exists regarding applicant's right to access the grains; 1st Respondent consents, 2nd Respondent absent; court orders access to preserve property and prevent loss.

Citation
RULING MUSOMA FOOD MISC
Parties
Applicant: Serengeti Breweries Ltd; 1st Respondent: Musoma Foods Co. Ltd; 2nd Respondent: Ace Global Depository Tanzania Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Civil Application / Ruling on Interim Application
Outcome
Application granted
Legal Topics
Interim Relief, Access to Property, Waiver of Costs
Source Language
English
Civil Procedure Interim Relief Access to Property Waiver of Costs

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Parties

Serengeti Breweries Ltd

Applicant

Musoma Foods Co. Ltd

1st Respondent

Ace Global Depository Tanzania Limited

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Interim Application

Legal Issues

  1. 1 Whether the applicant should be granted access to collect grain stocks stored at the respondent's premises pending determination of the main suit

Ratio Decidendi

No dispute exists regarding applicant's right to access the grains; 1st Respondent consents, 2nd Respondent absent; court orders access to preserve property and prevent loss.

Court Disposition

Application granted

Orders

  • 1st Respondent to open padlocks under her control at agreed date and time.
  • If 2nd Respondent is absent, padlocks under her control to be broken to enable access.