19991011 TZCA Dar es Salaam

19991011 TZCA Dar es Salaam

The High Court erred in granting an ex-parte interim injunction without the mandatory service of notice to the appellants and without any justification for dispensing with such notice. The order was therefore invalid and must be set aside.

Citation
19991011 TZCA Dar es Salaam
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
Interim Injunctions, Service of Notice, Party Leadership Disputes, Political Party Rights
Source Language
English
Civil Procedure Constitutional Law Political Law Interim Injunctions Service of Notice Party Leadership Disputes Political Party Rights

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
  2. 2 Whether there was legal justification for dispensing with notice under Order 37 Rule 4 of the Civil Procedure Code

Ratio Decidendi

The High Court erred in granting an ex-parte interim injunction without the mandatory service of notice to the appellants and without any justification for dispensing with such notice. The order was therefore invalid and must be set aside.

Court Disposition

appeal allowed

Orders

  • interim injunction against the appellants set aside
  • costs awarded to appellants in both this Court and the Court below