african trophy hunting ltd vs attorney general and 4 others 1998 tzca 11 3 december 1998

african trophy hunting ltd vs attorney general and 4 others 1998 tzca 11 3 december 1998

An interim or temporary injunction order lapses by operation of law after the maximum period specified (six months) unless an extension is sought and granted; compliance with the order is irrelevant to the running of time. Applications based on lapsed orders are incompetent and should be struck out.

Citation
african trophy hunting ltd vs attorney general and 4 others 1998 tzca 11 3 december 1998
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 1998
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court Decision
Outcome
Appeal dismissed with costs
Legal Topics
Interim Injunctions, Certiorari, Mandamus, Locus Standi, Expiry of Injunction Orders
Source Language
English
Civil Procedure Administrative Law Interim Injunctions Certiorari Mandamus Locus Standi 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 / Judgment on Appeal From High Court Decision

Legal Issues

  1. 1 Whether the interim injunction order of 13.2.1995 remained valid beyond six months without extension
  2. 2 Whether time for the validity of an interim injunction starts running only upon compliance with the order
  3. 3 Whether respondents had locus standi to apply for variation or rescission of the interim injunction

Ratio Decidendi

An interim or temporary injunction order lapses by operation of law after the maximum period specified (six months) unless an extension is sought and granted; compliance with the order is irrelevant to the running of time. Applications based on lapsed orders are incompetent and should be struck out.

Court Disposition

Appeal dismissed with costs