smart global ltd vs t communication regulatory authority 2009 tzhccomd 20 3 november 2009

smart global ltd vs t communication regulatory authority 2009 tzhccomd 20 3 november 2009

The applicant established serious issues to be tried regarding its entitlement to the license and spectrum, demonstrated risk of irreparable harm if the spectrum is allocated to third parties, and the balance of convenience favored maintaining the status quo. The respondent failed to controvert key averments or provide evidence that the license was not granted. Therefore, a temporary injunction restraining the respondent from allocating the disputed spectrum to third parties is warranted pending determination of the main suit.

Citation
smart global ltd vs t communication regulatory authority 2009 tzhccomd 20 3 november 2009
Parties
Plaintiff/applicant: Smart Global Limited; Defendant/respondent: Tanzania Communications Regulatory Authority
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
3 November 2009
Procedural Posture
Commercial Case / Ruling on Interim Injunction Application and Preliminary Objection
Outcome
Temporary injunction granted
Legal Topics
Temporary Injunctions, Licensing Disputes, Spectrum Allocation, Breach of Contract, Judicial Discretion
Source Language
English
Administrative Law Contract Law Telecommunications Law Temporary Injunctions Licensing Disputes Spectrum Allocation Breach of Contract Judicial Discretion

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Parties

Smart Global Limited

Plaintiff/applicant

Tanzania Communications Regulatory Authority

Defendant/respondent

Procedural Posture

Commercial Case / Ruling on Interim Injunction Application and Preliminary Objection

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the respondent from allocating or allowing use of the disputed frequency spectrum to third parties pending determination of the main suit
  2. 2 Whether the applicant has established a prima facie case, risk of irreparable harm, and balance of convenience for grant of injunction

Ratio Decidendi

The applicant established serious issues to be tried regarding its entitlement to the license and spectrum, demonstrated risk of irreparable harm if the spectrum is allocated to third parties, and the balance of convenience favored maintaining the status quo. The respondent failed to controvert key averments or provide evidence that the license was not granted. Therefore, a temporary injunction restraining the respondent from allocating the disputed spectrum to third parties is warranted pending determination of the main suit.

Court Disposition

Temporary injunction granted

Orders

  • The defendant/respondent is restrained from allocating and/or allowing any operator other than the applicant use of any spectrum between 2573 - 2613 MHz in the band 2.5 GHz (40 MHz) and 10238 - 10252 MHz/10588 - 10602 MHz and 10252 - 10266/10602 - 10616 MHz in the band 10.5 GHz (56 MHz) whose application for use was...
  • Costs of the application will be in the cause.