20011207 TZHC Arusha

20011207 TZHC Arusha

The court found that both parties were bound by the agreement of 24 April 2001, which suspended mining operations until expenses were paid. The plaintiff's unilateral resumption of mining and the defendant's entry onto the plot both constituted breaches. However, the plaintiff's continued disregard for the agreement and exclusion of the defendant undermined the defendant's legitimate rights. Granting the plaintiff's injunction would sanction illegality. Therefore, the plaintiff's application was dismissed and the defendant's application for an injunction restraining further breach was granted.

Citation
20011207 TZHC Arusha
Parties
Plaintiff/applicant/respondent (in Counter Claim): Building Utilities Limited; Defendant/respondent/applicant (in Counter Claim): Glitter Gems Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 December 2001
Procedural Posture
Civil Case / Ruling on Consolidated Applications for Temporary Injunctions Pending Main Suit
Outcome
Plaintiff's application for temporary injunction dismissed with costs; Defendant's application for temporary injunction granted with costs.
Legal Topics
Temporary Injunctions, Breach of Contract, Mining Agreements, Specific Performance, Trespass
Source Language
English
Contract Law Mining Law Civil Procedure Temporary Injunctions Breach of Contract Mining Agreements Specific Performance Trespass

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Parties

Building Utilities Limited

Plaintiff/applicant/respondent (in Counter Claim)

Glitter Gems Limited

Defendant/respondent/applicant (in Counter Claim)

Procedural Posture

Civil Case / Ruling on Consolidated Applications for Temporary Injunctions Pending Main Suit

Legal Issues

  1. 1 Whether the plaintiff is entitled to a temporary injunction restraining the defendant from trespassing or interfering with mining operations pending the main suit
  2. 2 Whether the defendant is entitled to a temporary injunction restraining the plaintiff from breaching the agreement of 24 April 2001 by resuming mining operations without payment of expenses

Ratio Decidendi

The court found that both parties were bound by the agreement of 24 April 2001, which suspended mining operations until expenses were paid. The plaintiff's unilateral resumption of mining and the defendant's entry onto the plot both constituted breaches. However, the plaintiff's continued disregard for the agreement and exclusion of the defendant undermined the defendant's legitimate rights. Granting the plaintiff's injunction would sanction illegality. Therefore, the plaintiff's application was dismissed and the defendant's application for an injunction restraining further breach was granted.

Court Disposition

Plaintiff's application for temporary injunction dismissed with costs; Defendant's application for temporary injunction granted with costs.

Orders

  • Plaintiff's application No. 44/2001 for temporary injunction is dismissed with costs to the defendant.
  • Defendant's application No. 49/2001 for temporary injunction is granted; the plaintiff, its agents and/or employees are restrained from committing or repeating breach of the agreement dated 24 April 2001 pending the hearing and final disposal of the main suit, for the duration prescribed by law.