Misc

Misc

A preliminary objection cannot be raised before completion of pleadings, and the respondents' concession to the application for temporary injunction justifies granting the injunction pending final determination of the main suit.

Source-derived case information.

Citation
Misc
Parties
Applicant: Christinian Albert Maimu; Applicant: Anna Godfrey Mangena; Applicant: Mackbeth Isack Manene; Applicant: David Gillied Tenga; Applicant: Elizabeth Tenga; Applicant: Fredrick Henry Maenda; Applicant: Rhoda Lengisela Kapungu; Applicant: Happy Said Seiph; Respondent: Proin Limited; Respondent: Johnson Lukaza; Respondent: CRDB Bank PLC; Respondent: Adili Auction Mart Limited; Respondent: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction and Preliminary Objection
Outcome
Temporary injunction granted
Legal Topics
Temporary Injunction, Preliminary Objection, Extension of Time, Service of Summons
Source Language
english
Civil Procedure Land Law Temporary Injunction Preliminary Objection Extension of Time Service of Summons

Source-derived case record

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Parties

Christinian Albert Maimu

Applicant

Anna Godfrey Mangena

Applicant

Mackbeth Isack Manene

Applicant

David Gillied Tenga

Applicant

Elizabeth Tenga

Applicant

Fredrick Henry Maenda

Applicant

Rhoda Lengisela Kapungu

Applicant

Happy Said Seiph

Applicant

Proin Limited

Respondent

Johnson Lukaza

Respondent

CRDB Bank PLC

Respondent

Adili Auction Mart Limited

Respondent

Attorney General

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction and Preliminary Objection

Legal Issues

  1. 1 Whether the preliminary objection was properly raised before completion of pleadings
  2. 2 Whether the applicants are entitled to a temporary injunction restraining the respondents from dealing with the suit property

Ratio Decidendi

A preliminary objection cannot be raised before completion of pleadings, and the respondents' concession to the application for temporary injunction justifies granting the injunction pending final determination of the main suit.

Court Disposition

Temporary injunction granted

Orders

  • Respondents, their agents, servants, workmen, officials, representatives, nominees and any person acting on their behalf are restrained from selling the suit property by public auction, evicting or committing any breach or injury relating to the suit property on Plot No 2842, 2843, and 2845 Block 'Y' Apartment No....
  • Each party to bear their own cost.