beatus alfonce mtui another vs director of maping survey others 2011 tzhc 2020 22 august 2011

beatus alfonce mtui another vs director of maping survey others 2011 tzhc 2020 22 august 2011

The Civil Procedure Code does not provide for temporary injunctions in situations where a statutory notice period must expire before a suit can be filed against the Government. Therefore, section 2(3) of the Judicature and Application of Laws Act may be invoked to grant a temporary injunction in such circumstances,...

Source-derived case information.

Citation
beatus alfonce mtui another vs director of maping survey others 2011 tzhc 2020 22 august 2011
Parties
Applicant: Beatus Alfonce Mtui; Applicant: Shabani S.H. Mfinanga; Respondent: Director of Mapping & Survey; Respondent: Registrar of Titles; Respondent: Commissioner for Lands & Human Settlement Development; Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 August 2011
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed with costs awarded to applicants.
Legal Topics
Temporary Injunctions, Jurisdiction, Statutory Notice, Government Proceedings
Source Language
english
Civil Procedure Land Law Temporary Injunctions Jurisdiction Statutory Notice Government Proceedings

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Parties

Beatus Alfonce Mtui

Applicant

Shabani S.H. Mfinanga

Applicant

Director of Mapping & Survey

Respondent

Registrar of Titles

Respondent

Commissioner for Lands & Human Settlement Development

Respondent

Attorney General

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is incompetent for non-citation of law
  2. 2 Whether a temporary injunction can be granted without a pending suit

Ratio Decidendi

The Civil Procedure Code does not provide for temporary injunctions in situations where a statutory notice period must expire before a suit can be filed against the Government. Therefore, section 2(3) of the Judicature and Application of Laws Act may be invoked to grant a temporary injunction in such circumstances, and the preliminary objections are without merit.

Court Disposition

Preliminary objections dismissed with costs awarded to applicants.

Orders

  • Preliminary objections dismissed
  • Costs awarded to applicants