mrs anka mrkobrad another vs ivan mrkobrad 2012 tzhccomd 57 27 february 2012

mrs anka mrkobrad another vs ivan mrkobrad 2012 tzhccomd 57 27 february 2012

The Applicants established a prima facie case based on the executed sale of shares agreement and partial performance. The Respondent did not deny receipt of the first installment. The Applicants demonstrated risk of irreparable harm to their business if the Respondent is not restrained. The balance of convenience favors the Applicants, as refusal of the injunction would cause them greater hardship than the Respondent would suffer if it is granted. The Respondent's claims regarding personal hardship were not substantiated in the pleadings or affidavits and are to be determined in the main suit. The Applicants are entitled to a temporary injunction restraining the Respondent from...

Citation
mrs anka mrkobrad another vs ivan mrkobrad 2012 tzhccomd 57 27 february 2012
Parties
1st Plaintiff/applicant: Mrs Anka Mrkobrad; 2nd Plaintiff/applicant: Taningra Contractors Ltd; Defendant/respondent: Mr Ivan Mrkobrad
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
27 February 2012
Procedural Posture
Application for Temporary Injunction in a Commercial Suit / Ruling on Consolidated Applications for Temporary Injunction
Outcome
Applicants' application for temporary injunction granted; Respondent's application dismissed; no order as to costs.
Legal Topics
Temporary Injunction, Share Sale Agreement, Company Management, Equitable Remedies
Source Language
English
Commercial Law Civil Procedure Temporary Injunction Share Sale Agreement Company Management Equitable Remedies

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Parties

Mrs Anka Mrkobrad

1st Plaintiff/applicant

Taningra Contractors Ltd

2nd Plaintiff/applicant

Mr Ivan Mrkobrad

Defendant/respondent

Procedural Posture

Application for Temporary Injunction in a Commercial Suit / Ruling on Consolidated Applications for Temporary Injunction

Legal Issues

  1. 1 Whether the Applicants are entitled to a temporary injunction restraining the Respondent from interfering with the business and management of the 2nd Applicant pending determination of the main suit
  2. 2 Whether the Respondent is entitled to a temporary injunction restraining the Applicants from interfering with his access to the company and residence

Ratio Decidendi

The Applicants established a prima facie case based on the executed sale of shares agreement and partial performance. The Respondent did not deny receipt of the first installment. The Applicants demonstrated risk of irreparable harm to their business if the Respondent is not restrained. The balance of convenience favors the Applicants, as refusal of the injunction would cause them greater hardship than the Respondent would suffer if it is granted. The Respondent's claims regarding personal hardship were not substantiated in the pleadings or affidavits and are to be determined in the main suit. The Applicants are entitled to a temporary injunction restraining the Respondent from...

Court Disposition

Applicants' application for temporary injunction granted; Respondent's application dismissed; no order as to costs.

Orders

  • Respondent is restrained from interfering with the business of the 2nd Applicant and/or attempting to manage the business of the 2nd Applicant pending hearing and determination of the main suit.
  • Each party shall bear its own costs.