calico textiles industries ltd vs zenon investments ltd others 1998 tzhc 1 16 june 1998

calico textiles industries ltd vs zenon investments ltd others 1998 tzhc 1 16 june 1998

Application is invalid ab initio due to fatally defective affidavit attested by a Commissioner for Oaths with interest, and absence of a pending suit renders injunction relief unavailable. Limitation period for removal of caveat expired. NBC Holding Corporation wrongly joined as respondent. Application dismissed with costs.

Citation
calico textiles industries ltd vs zenon investments ltd others 1998 tzhc 1 16 june 1998
Parties
Applicant: Calico Textile Industries Ltd; First Respondent: Zenon Investments Ltd; Second Respondent: Registrar of Titles; Third Respondent: NBC Holding Corporation
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 June 1998
Procedural Posture
Miscellaneous Civil Cause / Ruling on Preliminary Objections and Application
Outcome
Application dismissed with costs
Legal Topics
Temporary Injunctions, Caveats, Affidavit Validity, Limitation of Actions, Joinder of Parties, Land Registration, Commissioner for Oaths
Source Language
English
Civil Procedure Land Law Banking Law Temporary Injunctions Caveats Affidavit Validity Limitation of Actions Joinder of Parties +2 more

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Parties

Calico Textile Industries Ltd

Applicant

Zenon Investments Ltd

First Respondent

Registrar of Titles

Second Respondent

NBC Holding Corporation

Third Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Objections and Application

Legal Issues

  1. 1 Whether the application for injunction is maintainable without a pending suit
  2. 2 Validity of affidavit attested by a Commissioner for Oaths with interest
  3. 3 Limitation period for removal of caveat and related reliefs

Ratio Decidendi

Application is invalid ab initio due to fatally defective affidavit attested by a Commissioner for Oaths with interest, and absence of a pending suit renders injunction relief unavailable. Limitation period for removal of caveat expired. NBC Holding Corporation wrongly joined as respondent. Application dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • Title deed to be released to first respondent
  • Application struck out for want of valid supporting affidavit