20200609 TZHC Dar es Salaam

20200609 TZHC Dar es Salaam

The application was struck out because the applicant failed to prosecute it for four years and had already obtained a status quo order, indicating no interest in pursuing the application.

Citation
20200609 TZHC Dar es Salaam
Parties
Applicant: Bototo Mwita Maro; 1st Respondent: Mustafa Ebrahim Kassam and Zulfikar Ebrahim Kasam t/a Rustam and Brothers; 2nd Respondent: Mamba Auction Mart Co. Ltd; 3rd Respondent: Mr. Jofrey C. Mngano; 4th Respondent: Twaha Said Massawe; 5th Respondent: MM Auctioneers and Debt Collectors Co. Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 June 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application struck out with costs
Legal Topics
Temporary Injunction, Status Quo Orders, Striking Out Applications
Source Language
English
Land Law Civil Procedure Temporary Injunction Status Quo Orders Striking Out Applications

Case Brief

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Parties

Bototo Mwita Maro

Applicant

Mustafa Ebrahim Kassam and Zulfikar Ebrahim Kasam t/a Rustam and Brothers

1st Respondent

Mamba Auction Mart Co. Ltd

2nd Respondent

Mr. Jofrey C. Mngano

3rd Respondent

Twaha Said Massawe

4th Respondent

MM Auctioneers and Debt Collectors Co. Ltd

5th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the application for temporary injunction should be entertained when the applicant is not prosecuting it

Ratio Decidendi

The application was struck out because the applicant failed to prosecute it for four years and had already obtained a status quo order, indicating no interest in pursuing the application.

Court Disposition

Application struck out with costs

Orders

  • Application struck out for want of prosecution
  • Applicant to pay costs