bagamoyo battoir and processing company limited versus athuman omarysaid 4 othres 2023 tzhclandd 16529 30 mei 2023
The application is incompetent for not being accompanied with an affidavit as required by law.
Source-derived case information.
- Citation
- bagamoyo battoir and processing company limited versus athuman omarysaid 4 othres 2023 tzhclandd 16529 30 mei 2023
- Parties
- Applicant: Bagamoyo Battoir and Processing Company Limited; Respondent: Athuman Omarysaid; Respondent: Kibaha Real Estate Agency Limited; Respondent: Apak Steel Industries Limited; Respondent: Commissioner for Lands; Respondent: The Attorney General
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2023
- Procedural Posture
- Miscellaneous Land Case Application / Ruling on Preliminary Objection (competence of Application)
- Outcome
- Application struck out
- Legal Topics
- Interlocutory Injunction, Affidavit Requirement, Striking Out Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bagamoyo Battoir and Processing Company Limited
Applicant
Athuman Omarysaid
Respondent
Kibaha Real Estate Agency Limited
Respondent
Apak Steel Industries Limited
Respondent
Commissioner for Lands
Respondent
The Attorney General
Respondent
Procedural Posture
Miscellaneous Land Case Application / Ruling on Preliminary Objection (competence of Application)
Legal Issues
- 1 Whether the application is competent without being accompanied by an affidavit
Ratio Decidendi
The application is incompetent for not being accompanied with an affidavit as required by law.
Court Disposition
Application struck out
Orders
- Application struck out for want of affidavit
- No order as to costs
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM MISC. LAND CASE APPLICATION NO. 165 OF 2023 (Originating from Land Case No.67 of 2023) BAGAMOYO BATTOIR AND PROCESSING COMPANY LIMITED APPLICANT VERSUS ATHUMAN OMARYSAID ....1^ RESPONDENT KIBAHA REAL ESTATE AGENCY LIMITED 2"° RESPONDENT APAK STEEL INDUSTRIES LIMITED RESPONDENT COMMISSIONER FOR LANDS 4™ RESPONDENT THE ATTORNEY GENERAL 5™ RESPONDENT RULING Date ofLast Order: 25.05.2023 ^ Date ofRuling: 30.05.2023 T. N. MWENEGOHA,J. This Is an application for Injunction, made under Order XXXVII Rule 1(a)/ 2(1),Section 68 and Section 95.of the Civil Procedure Code, Cap 33 R- E. 2019. The applicant has prayed among others, an interim order, restraining the 3^^ respondents and any other person working under their instructions, from trespassing and continuing with the iilegai construction of Plot Number 1 and 2, Block X, Misugusugu Area, Kibaha Town Council, Coast Region, pending the hearing of the main suit. Land Case No. 67 of 2023. This Application proceeded by way of written submissions. However, as I was composing this Ruling, I noted that the chamber summons was not accompanied by an affidavit as required in law. The Application has been attached by two Certificates of Urgency. Parties were ordered to address the Court on the competence of the Application and they complied. Having gone through their arguments, this Court is of the settled opinion that, the Application is incompetent for not being accompanied with an affidavit. Therefore, without wasting this Court's time, I proceed to strike out the Application. No order as to costs. T lEGOHA o JUDGE v. 30/05/2023 !U c