silent in hotels ltd vs interstate office service ltd 2008 tzhc 65 19 december 2008

silent in hotels ltd vs interstate office service ltd 2008 tzhc 65 19 december 2008

The Respondent willfully contravened the court's order to maintain the status quo by constructing a wall and shops on the disputed premises. The demolition by TANROADS did not authorize the Respondent to alter the premises without seeking variation of the court order. The Respondent is found in contempt of court.

Source-derived case information.

Citation
silent in hotels ltd vs interstate office service ltd 2008 tzhc 65 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 allowed; Respondent found in contempt of court.
Legal Topics
Contempt of Court, Tenancy Disputes, Injunctions, Breach of Court Orders
Source Language
english
Civil Procedure Land Law Contempt of Court Tenancy Disputes Injunctions Breach of Court Orders

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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. 1 Whether the Respondent willfully disobeyed court orders to maintain status quo and refrain from renovations or alterations on the disputed premises
  2. 2 Whether the Respondent is in contempt of court for such disobedience

Ratio Decidendi

The Respondent willfully contravened the court's order to maintain the status quo by constructing a wall and shops on the disputed premises. The demolition by TANROADS did not authorize the Respondent to alter the premises without seeking variation of the court order. The Respondent is found in contempt of court.

Court Disposition

Application for contempt allowed; 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.
  • Respondent to pay costs of the application.