20000215 TZHC Mbeya
The High Court is functus officio and lacks jurisdiction to entertain applications for injunctive relief or execution once appeal proceedings and related applications are pending before the Court of Appeal. Such applications must be lodged with the Court of Appeal.
- Citation
- 20000215 TZHC Mbeya
- Parties
- Applicant: Consolidated Mines (T) Ltd.; Respondent: Meeya Cement Co. Ltd.
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 15 February 2000
- Procedural Posture
- Civil / Ruling on Application for Injunctive Relief Post Judgment
- Outcome
- application dismissed with costs
- Legal Topics
- Injunctions, Execution of Decrees, Jurisdiction, Mining Rights
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Consolidated Mines (T) Ltd.
Applicant
Meeya Cement Co. Ltd.
Respondent
Procedural Posture
Civil / Ruling on Application for Injunctive Relief Post Judgment
Legal Issues
- 1 Whether the High Court has jurisdiction to grant an injunction restraining the respondent from exploiting land after an appeal and stay of execution application are pending in the Court of Appeal
- 2 Whether the application for injunctive relief is properly before the High Court
Ratio Decidendi
The High Court is functus officio and lacks jurisdiction to entertain applications for injunctive relief or execution once appeal proceedings and related applications are pending before the Court of Appeal. Such applications must be lodged with the Court of Appeal.
Court Disposition
application dismissed with costs
Orders
- application for injunctive relief dismissed
- costs awarded to respondent
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment