torido investiment limited vs efta limited another 2022 tzhc 14683 18 november 2022

torido investiment limited vs efta limited another 2022 tzhc 14683 18 november 2022

The applicant established a triable issue regarding rights in the repossessed vehicles, demonstrated a risk of irreparable harm if the vehicles were alienated, and showed that the balance of convenience favored preservation of the vehicles pending the main suit. The statutory and legal conditions for granting a temporary injunction were satisfied.

Citation
torido investiment limited vs efta limited another 2022 tzhc 14683 18 november 2022
Parties
Applicant: Torido Investment Limited; 1st Respondent: EFTA Limited; 2nd Respondent: JODAC Professional Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 November 2022
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Temporary Injunction
Outcome
Application allowed
Legal Topics
Temporary Injunction, Repossession of Property, Equipment Lease Agreement, Balance of Convenience, Irreparable Harm
Source Language
English
Civil Procedure Contract Law Commercial Law Temporary Injunction Repossession of Property Equipment Lease Agreement Balance of Convenience Irreparable Harm

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Parties

Torido Investment Limited

Applicant

EFTA Limited

1st Respondent

JODAC Professional Ltd

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant has established grounds for grant of a temporary injunction to restrain the respondents from alienating or selling the vehicles pending determination of the main suit

Ratio Decidendi

The applicant established a triable issue regarding rights in the repossessed vehicles, demonstrated a risk of irreparable harm if the vehicles were alienated, and showed that the balance of convenience favored preservation of the vehicles pending the main suit. The statutory and legal conditions for granting a temporary injunction were satisfied.

Court Disposition

Application allowed

Orders

  • Respondents and their agents are restrained from alienating, selling, or transacting on vehicles T549 DWN, T550 DWN, T740 DWN, and T741 DWN until hearing and determination of Civil Suit No. 50 of 2022
  • Costs will abide the forthcoming proceedings