silent in hotels ltd vs interstate office service ltd 2008 tzhc 14 19 december 200
The Respondent willfully contravened the court order to maintain the status quo by constructing a wall and shops on the disputed premises. The court found that these actions were not authorized and constituted contempt, warranting imposition of a fine and, in default, imprisonment.
- Citation
- silent in hotels ltd vs interstate office service ltd 2008 tzhc 14 19 december 200
- Parties
- Plaintiff: Silent Inn Hotels Ltd; Defendant: Interstate Office Service Ltd
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2008
- Procedural Posture
- Civil / Ruling on Contempt Application
- Outcome
- Respondent found in contempt of court.
- Legal Topics
- Contempt of Court, Tenancy Agreement, Status Quo Orders, Renovation Disputes
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Silent Inn Hotels Ltd
Plaintiff
Interstate Office Service Ltd
Defendant
Procedural Posture
Civil / Ruling on Contempt Application
Legal Issues
- 1 Whether the Respondent willfully disobeyed court orders to maintain status quo on disputed premises
- 2 Whether construction and renovations constituted contempt of court
Ratio Decidendi
The Respondent willfully contravened the court order to maintain the status quo by constructing a wall and shops on the disputed premises. The court found that these actions were not authorized and constituted contempt, warranting imposition of a fine and, in default, imprisonment.
Court Disposition
Respondent found in contempt of court.
Orders
- Respondent to pay a fine of Tshs.1,000,000 within 14 days.
- In default, Managing Director Freddy William Rwegasira to serve three months imprisonment.
Full Case Text
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