19900718 TZHC Dar es Salaam

19900718 TZHC Dar es Salaam

The court found that interim orders maintaining the status quo can be validly made ex parte and that the applicants should have been in charge of MRCU affairs as per a previous court decision. The interim order was therefore valid and should not be disturbed.

Citation
19900718 TZHC Dar es Salaam
Parties
Applicant: Clement Conrad Berego; Respondent: Principal State Attorney (Mr. Ihema)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 July 1990
Procedural Posture
Miscellaneous Civil Case / Ruling on Application for Review of Interim Order
Outcome
Application for review dismissed
Legal Topics
Certiorari, Mandamus, Interim Orders, Judicial Review
Source Language
English
Administrative Law Civil Procedure Certiorari Mandamus Interim Orders Judicial Review

Case Brief

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Parties

Clement Conrad Berego

Applicant

Principal State Attorney (Mr. Ihema)

Respondent

Procedural Posture

Miscellaneous Civil Case / Ruling on Application for Review of Interim Order

Legal Issues

  1. 1 Whether the interim order maintaining the status quo was validly granted ex parte
  2. 2 Whether the applicants were entitled to continue running the affairs of Morogoro Regional Cooperative Union (MRCU) pending determination of certiorari and mandamus applications

Ratio Decidendi

The court found that interim orders maintaining the status quo can be validly made ex parte and that the applicants should have been in charge of MRCU affairs as per a previous court decision. The interim order was therefore valid and should not be disturbed.

Court Disposition

Application for review dismissed

Orders

  • Interim order of 19th May, 1990, maintained
  • Leave to file formal application for appeal granted