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The application for temporary injunction was dismissed because the relief sought would pre-empt the main suit, the applicant had already been removed from management, and the grounds for injunction were prematurely raised and not sufficient to warrant interlocutory relief.
Source excerpt
The High Court held the parties were seller and purchaser, not partners, and ordered the defendant to pay the outstanding balance with interest and costs.
There was no evidence of a partnership agreement or joint business operations; the relationship was that of seller and purchaser. The defendant acknowledged the debt of THz 142,000,000 for goods supplied on credit and failed to pay, thus breaching the purchase agreement.
Source excerpt
The Court of Appeal refused leave to appeal, holding that limitation could not be decided without evidence at a full hearing of the suit.
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