19890420 TZHC Dar es Salaam

19890420 TZHC Dar es Salaam

The Civil Procedure Code provides two alternative remedies for a party aggrieved by an interim injunction: application to the trial court or appeal to the High Court. The application for leave to appeal is granted as the point raised merits consideration by the Court of Appeal.

Citation
19890420 TZHC Dar es Salaam
Parties
Appellant: Co. Vulcan (T) Ltd; Respondent: Unknown (Respondent)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 April 1989
Procedural Posture
Civil Appeal / Interlocutory Application for Leave to Appeal
Outcome
Application for leave to appeal granted
Legal Topics
Interim Injunctions, Appeals Process, Jurisdiction of Trial and Appellate Courts
Source Language
English
Civil Procedure Interim Injunctions Appeals Process Jurisdiction of Trial and Appellate Courts

Case Brief

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Parties

Co. Vulcan (T) Ltd

Appellant

Unknown (Respondent)

Respondent

Procedural Posture

Civil Appeal / Interlocutory Application for Leave to Appeal

Legal Issues

  1. 1 Whether a party aggrieved by an interim injunction must first seek remedy in the trial court before appealing to the High Court
  2. 2 Whether alternative remedies under Order 37 Rule 4 and Order 40 Rule 1(r) of the Civil Procedure Code are available

Ratio Decidendi

The Civil Procedure Code provides two alternative remedies for a party aggrieved by an interim injunction: application to the trial court or appeal to the High Court. The application for leave to appeal is granted as the point raised merits consideration by the Court of Appeal.

Court Disposition

Application for leave to appeal granted

Orders

  • Costs of the application to be costs in the cause