universal cargo trans shipping holdings plc vs tanzania breweries plc 2022 tzhccomd 262 4 march 2022

universal cargo trans shipping holdings plc vs tanzania breweries plc 2022 tzhccomd 262 4 march 2022

Section 79 of the Land Act applies as the respondent remained in occupation with the applicant's consent, creating a periodic statutory tenancy on the same terms as the expired lease. The applicant satisfied the three principles for injunction: there is a prima facie case, greater inconvenience to applicant if injunction denied, and irreparable loss not fully compensable by damages. Therefore, temporary injunction is granted restraining the respondent from vacating or removing property from the leased premises pending determination of the main suit.

Citation
universal cargo trans shipping holdings plc vs tanzania breweries plc 2022 tzhccomd 262 4 march 2022
Parties
Applicant: Universal Cargo Trans-Shipping Holdings PLC; Respondent: Tanzania Breweries PLC
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
4 March 2022
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Temporary Injunction Pending Main Suit
Outcome
Application for temporary injunction granted with costs to applicant.
Legal Topics
Temporary Injunctions, Statutory Tenancy, Lease Expiry, Periodic Tenancy, Breach of Contract
Source Language
English
Civil Procedure Land Law Contract Law Temporary Injunctions Statutory Tenancy Lease Expiry Periodic Tenancy Breach of Contract

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Parties

Universal Cargo Trans-Shipping Holdings PLC

Applicant

Tanzania Breweries PLC

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Temporary Injunction Pending Main Suit

Legal Issues

  1. 1 Which section of the Land Act applies to statutory tenancy after lease expiry with consent of lessor?
  2. 2 Whether the applicant has satisfied the three principles for grant of temporary injunction

Ratio Decidendi

Section 79 of the Land Act applies as the respondent remained in occupation with the applicant's consent, creating a periodic statutory tenancy on the same terms as the expired lease. The applicant satisfied the three principles for injunction: there is a prima facie case, greater inconvenience to applicant if injunction denied, and irreparable loss not fully compensable by damages. Therefore, temporary injunction is granted restraining the respondent from vacating or removing property from the leased premises pending determination of the main suit.

Court Disposition

Application for temporary injunction granted with costs to applicant.

Orders

  • Temporary injunction restraining respondent, agents or assignees from breaching statutory tenancy, specifically from vacating the leased premises or removing property for purposes of vacating, pending hearing and determination of the main suit.
  • Costs of the application awarded to the applicant.