vehicle and equipment leasing t ltd vs star planet consultancy agency ltd 2022 tzhccomd 210 8 july 2022

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (COMMERCIAL DIVISION) AT MWANZA MISC.COMMERCIAL APPLICATION N0.05 OF 2022 (Arising from Commercial Case No.4 of 2022) VEHICLE AND EQUIPMENT LEASING (TANZANIA) LTD................................... ...APPLICANT VERSUS T STAR PLANET CONSULTANCY AGENCY LTD........ RESPONDENT Last order: 29/05/2022 zt Judgment: 08/07/2022 " ; RULING NANGELA, J.: The applicant herein filed this application under a certificate of urgency seeking for swift intervention of this Court lest his movable properties which are a subject of the main suit from which this application arises are worn out. The chamber application was filed under section 68(c) and (e) and Order XXVII Rule 1 (aj and (2) (1) of the Civil Procedure Code, Cap.33 R.E2019. I In her application, the Applicant has sought for the following orders of the Court: EX-PARTE 1. That, this honourable Court be pleased to restrain the Respondent from continued breach of Clause 4.1 and 4.6 read together with Clause 9.1(a) and Page 1 of 7 10.4 of the Master Rental Agreement dated 16th July 2021 and Clause 7 of the Rental Schedules (Addendum thereof) pending hearing of the Application inter- partes. 2. That, this Honourable Court be pleased to order the Respondent to immobilize and return thirty three (33) Vehicles and? " X, ' Equipment listed below from wherever they are to the Applicant's premises. at Plot 98, Nyerere Road/ ZIlala District, Dar-es-Salaam; for purpose? of preventing continued breach” of-Clause 4.1 and 4.6 read together, with Clause 9.1(a) and 10.4 of the' Master Rental Agreement dated. 16th July 2021 and Clause. 7 of the Rental Schedules (Addendum thereof), wastage, damage ' and loss of value of the said Vehicles and Equipment due to continued use by ■ the Respondent, pending hearing of the 'l Yj application inter-partes: T479DDH; ' J is T876DDH; T879DDH; T882DDH; T537DMG; T581DMG; T635DCW; T638DMG; T944CTA; T282CSK; T872DDH; T657DHJ; T548DMP; T833DMG; T595DMG; T566DMG; T868DHH; T874DHH; T879DMP; T450CNM; 5Double Axle Light Towers; T880CMW; T845CMW; T162CML; MAN Page 2 of 7 LOWBED KBX 644F; HP V193 SN-3CQ 5090287; HP P17A SN-3CQ 4043G8Y; HP 9205-AB2 VLB 9750; HP TRF53- 40HXX; PICK-UP UAZ 168G; PICK- UPUAZ 424X; VAN UAV 044R; VAN UAV 199Q; 3. That, this Honourable Court be pleased to order the Respondent to return ttief above listed vehicles and equipment in accordance to the return conditions set out in Appendix 1 (Return Conditions) of, the Master Rental Agreement , INTER-PARTES r - — K ■ 1. That, this honourable Court' be pleased to restrain the 'Respondent from continued breach of Clause 4.1 and 4.6 read together with Clause 9.1(a) and _ 10.4\of the Master Rental Agreement zdated.;16th July 2021 and Clause 7 of the \‘ Rental Schedules (Addendum thereof) pending final determination/disposal of ff the main suit. ' 2. That, this Honourable Court be pleased to order the Respondent to immobilize and return thirty three (33) Vehicles and Equipment listed below from wherever they are to the Applicant's premises at Plot 98, Nyerere Road, Ilala District, Dar-es-Salaam; for purpose of Page 3 of 7 preventing continued breach of Clause 4.1 and 4.6 read together with Clause 9.1(a) and 10.4 of the Master Rental Agreement dated 16th July 2021 and Clause 7 of the Rental Schedules (Addendum thereof), wastage, damage and loss of value of the said Vehicles and Equipment due to continued use by the Respondent, pending final' \; determination/disposal of the mainrsuffc T479DDH; T876DDH;/;? T879DD'H;>Z T882DDH; T537DMG; T581DMG; T635DCW; T638DMG;... ~- T944CTA; // v\ T282CSK; (T872DDH; „ T657DHJ; T548DMP; T833DMG;T595DMG; T566DMG; T868DHH; T874DHH; T879DMP; T450CNM; 5Double Axle tight Towers; T880CMW; T845CMW; ' .T162CML;'MAN LOWBED KBX 644F; HP \ -Vl’93 SN-3CQ 5090287; HP P17A SN- , < 3CQ 4043G8Y; HP 9205-AB2 VLB 9750; HP TRF53-40HXX; PICK-UP UAZ 168G; -'' PICK-UPUAZ 424X; VAN UAV 044R; VAN UAV 199Q; 3. That, this Honourable Court be pleased to order the Respondent to return the above listed vehicles and equipment in accordance to the return conditions set out in Appendix 1 (Return Conditions) of the Master Rental Agreement. Page 4 of 7 4. Costs of this application 5. Any other order(s) or relief(s) this Honourable Court may deem fit and just to grant. On 29th June 2022 this application was called on for hearing. The hearing was partly online given that, the learned counsel for the Respondent was in Mwanza. At the hearing date, the Applicant enjoyed the services of Ms Stella Rweikiza, learned advocate and, Mr Samwel Kazenga, learned advocate, represented the Respondent. Although the Respondent filed a counter affidavit and on the day of hearing the Respondent's learned counsel sought leave to adopt it as forming part of his submissions, in principle, the learned counsel for the Respondent did not object to the granting of the prayers sought. His plea, however, was for this Court's assistance to<appoint a broker or make an order that the machines and vehicles which are currently with Stamigold Company Limited be surrendered t the Respondent who will in turn hand them over to the Applicant. Since/the Respondent has not in essence resisted the application I find it pertinent that the application be granted and an order be made requiring whoever has the respective equipment and vehicle surrender them forthwith to the Respondent who shall turn them to the Applicant without delay. In the upshot, therefore, this Court settles for the following orders: Page 5 of 7 1. That, this application is hereby granted. 2. That, whosoever is in possession of the equipments and vehicles listed in No.3 here below is ordered and directed to surrender them to the Respondent with immediate effect from the date of this ruling of the Court. 3. That, the Respondent is hereby ordered: 4-" ' x and directed to immobilize and return \ thirty three (33) Vehicles and Equipment listed below from wherever they1 are to, the Applicant's premises ats Plot. 98, __ _ _ ' Nyerere Road, Ilala - District, ..Dar-es- Salaam; fof 'purpose of, preventing continued,breach of Clause 4.1 and 4.6 read together with Clause 9.1(a) and 10^4 ofxthe Master Rental Agreement elated 16th July 2021 and Clause 7 of the RentahSczhedules (Addendum thereof), wastage, damage and loss of value of the said Vehicles and Equipment due to continued use by the Respondent, pending final determination/disposal of the main suit: T479DDH; T876DDH; T879DDH; T882DDH; T537DMG; T581DMG; T635DCW; T638DMG; T944CTA; T282CSK; T872DDH; T657DHJ; T548DMP; T833DMG; T595DMG; T566DMG; T868DHH; T874DHH; T879DMP; T450CNM; Page 6 of 7 5Double Axle Light Towers; T880CMW; T845CMW; T162CML; MAN LOWBED KBX 644F; HP V193 SN-3CQ 5090287; HP P17A SN-3CQ 4043G8Y; HP 9205- AB2 VLB 9750; HP TRF53-40HXX; PICK­ UP UAZ 168G; PICK-UPUAZ 424X; VAN UAV 044R; VAN UAV 199Q; 4. That, in the course of implementing the directive and order No.3 here above, the Respondent must do so in accordance to the return conditions /set out in Appendix 1 (Return Conditions) of the Master Rental Agreement. ’ 5. That, costs of this application shall be in the main suit. " It is so ordered ^ZED.AT MWANZA, ON THIS 08™ DAY OF JULY 2022 THf; I* HON. DEO JOHN NANGELA JUDGE Page 7 of 7