a1 outdoor t ltd another vs alliance media t ltd 2005 tzhccomd 36 4 july 2005

a1 outdoor t ltd another vs alliance media t ltd 2005 tzhccomd 36 4 july 2005

The defendant failed to disclose material facts, specifically the lack of consideration under the sale agreement, which was essential to establishing a prima facie case for the injunction. This non-disclosure amounted to coming to equity with unclean hands and misled the court into granting the ex parte orders. The subsequent disclosure by the plaintiff constituted a change in circumstances warranting the setting aside of the injunction.

Citation
a1 outdoor t ltd another vs alliance media t ltd 2005 tzhccomd 36 4 july 2005
Parties
Plaintiff/applicant: Al Outdoor (Tanzania) Limited; Defendant/respondent: Alliance Media (Tanzania) Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
4 July 2005
Procedural Posture
Commercial Case / Ruling on Application to Set Aside Ex Parte Injunction
Outcome
application granted in part
Legal Topics
Temporary Injunctions, Ex Parte Orders, Non Disclosure of Material Facts, Equitable Remedies, Variation of Injunctions
Source Language
English
Commercial Law Contract Law Civil Procedure Temporary Injunctions Ex Parte Orders Non Disclosure of Material Facts Equitable Remedies Variation of Injunctions

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Parties

Al Outdoor (Tanzania) Limited

Plaintiff/applicant

Alliance Media (Tanzania) Limited

Defendant/respondent

Procedural Posture

Commercial Case / Ruling on Application to Set Aside Ex Parte Injunction

Legal Issues

  1. 1 Whether the ex parte injunction granted to the defendant should be set aside for non-disclosure and concealment of material facts
  2. 2 Whether penal sanctions should be imposed for alleged perjury or perversion of justice

Ratio Decidendi

The defendant failed to disclose material facts, specifically the lack of consideration under the sale agreement, which was essential to establishing a prima facie case for the injunction. This non-disclosure amounted to coming to equity with unclean hands and misled the court into granting the ex parte orders. The subsequent disclosure by the plaintiff constituted a change in circumstances warranting the setting aside of the injunction.

Court Disposition

application granted in part

Orders

  • The injunction orders granted to the defendant on 25/04/2005 are lifted.
  • Costs awarded to the applicant/plaintiff.