augustine lyatonga mrema and two others vs abdallah ajengo and two others 1999 tzca 16 11 october 1999

augustine lyatonga mrema and two others vs abdallah ajengo and two others 1999 tzca 16 11 october 1999

The High Court erred in granting the ex-parte interim injunction without notice to the appellants, as required by Order 37 Rule 4 of the Civil Procedure Code. No grounds were advanced to justify dispensing with notice, and the respondents failed to satisfy the court as to the necessity of such dispensation. The order was therefore made without jurisdiction and must be set aside.

Citation
augustine lyatonga mrema and two others vs abdallah ajengo and two others 1999 tzca 16 11 october 1999
Parties
Appellant: Augustine Lyatonga Mrema; Appellant: Leo Lwekamwa; Appellant: Harold Jaffu; Respondent: Abdallah Majengo; Respondent: Alphoncina Massawe; Respondent: Winston Gellege
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 October 1999
Procedural Posture
Civil Appeal / Appeal From Interim Injunction Order of High Court
Outcome
appeal allowed
Legal Topics
Injunctions, Notice Requirements, Political Party Disputes, Ex Parte Orders
Source Language
English
Civil Procedure Constitutional Law Political Law Injunctions Notice Requirements Political Party Disputes Ex Parte Orders

Case Brief

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Parties

Augustine Lyatonga Mrema

Appellant

Leo Lwekamwa

Appellant

Harold Jaffu

Appellant

Abdallah Majengo

Respondent

Alphoncina Massawe

Respondent

Winston Gellege

Respondent

Procedural Posture

Civil Appeal / Appeal From Interim Injunction Order of High Court

Legal Issues

  1. 1 Whether the High Court erred in granting an ex-parte interim injunction without serving notice to the appellants as required by law
  2. 2 Whether there were sufficient grounds to dispense with notice under Order 37 Rule 4 of the Civil Procedure Code

Ratio Decidendi

The High Court erred in granting the ex-parte interim injunction without notice to the appellants, as required by Order 37 Rule 4 of the Civil Procedure Code. No grounds were advanced to justify dispensing with notice, and the respondents failed to satisfy the court as to the necessity of such dispensation. The order was therefore made without jurisdiction and must be set aside.

Court Disposition

appeal allowed

Orders

  • The interim injunction against the appellants is set aside.
  • Costs awarded to the appellants in both the Court of Appeal and the High Court.