19970915 TZHC Dar es Salaam

19970915 TZHC Dar es Salaam

Applicant demonstrated a serious issue regarding shareholding and risk of asset disposal; evidence shows assets are being disposed; irreparable harm would occur if status quo not preserved; Order 37 CPC requirements met; temporary injunction granted.

Citation
19970915 TZHC Dar es Salaam
Parties
Applicant/plaintiff: Basil Nicholas Alexander Jennings Bramly; 1st Respondent/defendant: Phokion Filios; 2nd Respondent/defendant: A & F Contractors Ltd.; 3rd Respondent/defendant: Expo Tanzania Ltd.
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 September 1997
Procedural Posture
Civil Case / Ruling on Application for Temporary Injunction
Outcome
Temporary injunction granted
Legal Topics
Shareholder Rights, Temporary Injunction, Asset Disposal, Liquidation of Companies
Source Language
English
Company Law Civil Procedure Shareholder Rights Temporary Injunction Asset Disposal Liquidation of Companies

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Parties

Basil Nicholas Alexander Jennings Bramly

Applicant/plaintiff

Phokion Filios

1st Respondent/defendant

A & F Contractors Ltd.

2nd Respondent/defendant

Expo Tanzania Ltd.

3rd Respondent/defendant

Procedural Posture

Civil Case / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the 1st respondent from disposing assets or liquidating the 2nd and 3rd respondent companies until determination of the suit

Ratio Decidendi

Applicant demonstrated a serious issue regarding shareholding and risk of asset disposal; evidence shows assets are being disposed; irreparable harm would occur if status quo not preserved; Order 37 CPC requirements met; temporary injunction granted.

Court Disposition

Temporary injunction granted

Orders

  • 1st respondent restrained from disposing assets or liquidating 2nd and 3rd respondent companies until determination of the main suit