TIB DEVELOPMENT BANK
Temporary injunctions cannot be issued against the government; only declaratory orders are permitted. The application is incompetent for lack of board resolution authorizing the applicant company to institute proceedings.
- Citation
- TIB DEVELOPMENT BANK
- Parties
- Applicant: AL ADAWI COMPANY LIMITED; 1st Respondent: TIB DEVELOPMENT BANK; 2nd Respondent: THE ATTORNEY GENERAL
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2022
- Procedural Posture
- Misc. Civil Application / Ruling on Preliminary Objection
- Outcome
- Application struck out
- Legal Topics
- Temporary Injunctions, Board Resolution Requirement, Government Proceedings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
AL ADAWI COMPANY LIMITED
Applicant
TIB DEVELOPMENT BANK
1st Respondent
THE ATTORNEY GENERAL
2nd Respondent
Procedural Posture
Misc. Civil Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether a temporary injunction can be issued against the government under Order XXXVII Rule 1 of the Civil Procedure Code
- 2 Whether the application is incompetent for lack of board resolution authorizing the applicant company to institute proceedings
Ratio Decidendi
Temporary injunctions cannot be issued against the government; only declaratory orders are permitted. The application is incompetent for lack of board resolution authorizing the applicant company to institute proceedings.
Court Disposition
Application struck out
Orders
- Application struck out
- No order as to costs
Full Case Text
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