african tophy huntingi ltd vs the hon attorney general and 4 others 1997 tzca 43 3 december 1997

african tophy huntingi ltd vs the hon attorney general and 4 others 1997 tzca 43 3 december 1997

A temporary injunction order is valid only for the period specified by law (not exceeding six months) regardless of compliance, and lapses automatically unless extended. Applications based on lapsed orders are incompetent and should be struck out.

Citation
african tophy huntingi ltd vs the hon attorney general and 4 others 1997 tzca 43 3 december 1997
Parties
Appellant: African Trophy Hunting Ltd.; Respondent: The Hon. Attorney General; Respondent: Principal Secretary Maliasili; Respondent: Director of Wildlife; Respondent: Eco Hunting Co. Ltd.; Respondent: African Bush Co. Ltd.
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 December 1997
Procedural Posture
Civil Appeal / Appeal From High Court Decision on Application for Certiorari and Mandamus
Outcome
Appeal dismissed with costs
Legal Topics
Interim Injunctions, Locus Standi, Certiorari, Mandamus, Expiry of Injunction Orders
Source Language
English
Civil Procedure Administrative Law Interim Injunctions Locus Standi Certiorari Mandamus Expiry of Injunction Orders

Case Brief

Summary, issues, holding and outcome

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Parties

African Trophy Hunting Ltd.

Appellant

The Hon. Attorney General

Respondent

Principal Secretary Maliasili

Respondent

Director of Wildlife

Respondent

Eco Hunting Co. Ltd.

Respondent

African Bush Co. Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision on Application for Certiorari and Mandamus

Legal Issues

  1. 1 Whether the interim injunction order of 13.2.1995 remained valid beyond six months absent compliance or extension
  2. 2 Whether time for the validity of an interim injunction starts running from compliance with the order or from the date of issuance
  3. 3 Whether respondents had locus standi to apply for variation or setting aside of the interim injunction

Ratio Decidendi

A temporary injunction order is valid only for the period specified by law (not exceeding six months) regardless of compliance, and lapses automatically unless extended. Applications based on lapsed orders are incompetent and should be struck out.

Court Disposition

Appeal dismissed with costs