silent in hotels ltd vs interstate office service ltd 2008 tzhc 232 19 december 2008

The Respondent willfully contravened the court order to maintain the status quo by constructing a wall and shops on the disputed premises. The court finds this to be contempt of court and imposes a fine, with imprisonment in default.

Source-derived case information.

Citation: silent in hotels ltd vs interstate office service ltd 2008 tzhc 232 19 december 2008
Parties: Plaintiff: Silent Inn Hotels Ltd; Defendant: Interstate Office Service Ltd
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 19 December 2008
Procedural Posture: Civil / Ruling on Contempt Application
Outcome: Application for contempt granted in part
Legal Topics: Breach of Court Orders, Maintenance of Status Quo, Contempt Proceedings, Remedies for Contempt
Source Language: english

Civil Procedure Land Law Contempt of Court Breach of Court Orders Maintenance of Status Quo Contempt Proceedings Remedies for Contempt

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1

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 and refrain from renovations or alterations on the disputed premises
2 Whether the Respondent is in contempt of court for such disobedience
3 What remedies are appropriate for contempt

Ratio Decidendi

Court Disposition

Application for contempt granted in part

Orders

Respondent to pay a fine of Tshs. 1,000,000 within 14 days
In default of payment, Managing Director Freddy William Rwegasira to be imprisoned for three months

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