NA TZHC Dar es Salaam 5

A party dissatisfied with an ex parte injunction order must first exhaust the remedy of applying to set aside the order in the lower court under Order XXXVII r.4 before appealing under Order XL r.1(r).

Citation: NA TZHC Dar es Salaam 5
Parties: Appellant: Cobdura(t) Limited; Respondent: Saima Enterprises Limited
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 1 January 1988
Procedural Posture: Civil Appeal / Appeal From Ex Parte Injunction Order
Outcome: Appeal dismissed
Legal Topics: Injunctions, Appeals, Ex Parte Orders, Remedies
Source Language: English

Civil Procedure Injunctions Appeals Ex Parte Orders Remedies

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 4 Party arguments 2

Sign in to unlock

Parties

Cobdura(t) Limited

Appellant

Saima Enterprises Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Ex Parte Injunction Order

Legal Issues

1 Whether an appeal lies directly against an ex parte injunction order without first seeking to set it aside in the lower court
2 Whether the appellant exhausted remedies available in the lower court before appealing

Ratio Decidendi

A party dissatisfied with an ex parte injunction order must first exhaust the remedy of applying to set aside the order in the lower court under Order XXXVII r.4 before appealing under Order XL r.1(r).

Court Disposition

Appeal dismissed

Orders

Appellant should first apply to set aside the ex parte injunction order in the lower court before appealing.