car track distributors limited vs mkb security company ltd and another 2021 tzhclandd 6701 26 november 2021

car track distributors limited vs mkb security company ltd and another 2021 tzhclandd 6701 26 november 2021

The application was incompetent because the applicant's pleadings and submissions were inconsistent, and the relief sought was not properly articulated in the pleadings. The court is bound by the pleadings, and as the applicant failed to properly submit his case, the application must be struck out.

Citation
car track distributors limited vs mkb security company ltd and another 2021 tzhclandd 6701 26 november 2021
Parties
Applicant: Car Track Distributors Limited; 1st Respondent: MKB Security Company Ltd; 2nd Respondent: M/S GSM
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
26 November 2021
Procedural Posture
Misc. Land Application / Ruling on Preliminary Objection/application Competence
Outcome
Application struck out with costs
Legal Topics
Status Quo Orders, Proper Provision for Application, Pleadings
Source Language
English
Civil Procedure Land Law Status Quo Orders Proper Provision for Application Pleadings

Case Brief

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Parties

Car Track Distributors Limited

Applicant

MKB Security Company Ltd

1st Respondent

M/S GSM

2nd Respondent

Procedural Posture

Misc. Land Application / Ruling on Preliminary Objection/application Competence

Legal Issues

  1. 1 Whether the application for status quo was properly brought under Section 95 of the CPC
  2. 2 Whether the pleadings and submissions were consistent and proper

Ratio Decidendi

The application was incompetent because the applicant's pleadings and submissions were inconsistent, and the relief sought was not properly articulated in the pleadings. The court is bound by the pleadings, and as the applicant failed to properly submit his case, the application must be struck out.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs.