vigu trading company limited vs bank of africa tanzania limited 2 others 2022 tzhc 15474 23 december 2022

vigu trading company limited vs bank of africa tanzania limited 2 others 2022 tzhc 15474 23 december 2022

The existence of a pending suit involving the same subject matter justifies granting an interim order for maintenance of status quo to prevent injustice and preserve the integrity of the main suit. No proof of injustice to respondents was shown if the order is granted.

Citation
vigu trading company limited vs bank of africa tanzania limited 2 others 2022 tzhc 15474 23 december 2022
Parties
Applicant: VIGU TRADING COMPANY LIMITED; 1st Respondent: BANK OF AFRICA TANZANIA LIMITED; 2nd Respondent: NAMPULA AUCTION MART AND COMPANY LIMITED; 3rd Respondent: BILO STAR DEBT COLLECTOR CO.LTD
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 December 2022
Procedural Posture
Miscellaneous Civil Application / Ruling on Interim Order for Maintenance of Status Quo
Outcome
Application granted
Legal Topics
Interim Orders, Status Quo, Injunctions, Credit Facilities, Asset Seizure
Source Language
English
Civil Procedure Banking Law Interim Orders Status Quo Injunctions Credit Facilities Asset Seizure

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Parties

VIGU TRADING COMPANY LIMITED

Applicant

BANK OF AFRICA TANZANIA LIMITED

1st Respondent

NAMPULA AUCTION MART AND COMPANY LIMITED

2nd Respondent

BILO STAR DEBT COLLECTOR CO.LTD

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Interim Order for Maintenance of Status Quo

Legal Issues

  1. 1 Whether an interim order for maintenance of status quo should be granted pending hearing of the main application

Ratio Decidendi

The existence of a pending suit involving the same subject matter justifies granting an interim order for maintenance of status quo to prevent injustice and preserve the integrity of the main suit. No proof of injustice to respondents was shown if the order is granted.

Court Disposition

Application granted

Orders

  • The 1st, 2nd and 3rd respondents, their directors, managers, employees, agents, or assignees shall immediately cease or stop impounding or seizing or selling the applicant's trucks and trailers described in the attached schedule (TAB-1) pending hearing and determination of the application on merits.