daud mkwaya mwita vs butiama municipal council and attorney general council 2020 tzhc 4174 11 december 2020
The application fails because there is no main suit pending, and the applicant has already been evicted, rendering the relief sought nugatory.
- Citation
- daud mkwaya mwita vs butiama municipal council and attorney general council 2020 tzhc 4174 11 december 2020
- Parties
- Applicant: Daud Mkwaya Mwita; 1st Respondent: Butiama District Commissioner; 2nd Respondent: Attorney General
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 11 December 2020
- Procedural Posture
- Miscellaneous Land Application / Ruling on Preliminary Objection
- Outcome
- Application struck out
- Legal Topics
- Temporary Injunction, Judicial Review, Eviction, Mareva Injunction
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Daud Mkwaya Mwita
Applicant
Butiama District Commissioner
1st Respondent
Attorney General
2nd Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application for temporary injunction is maintainable
- 2 Whether the applicant should have filed for judicial review instead of injunction
- 3 Whether the relief sought is overtaken by events due to prior eviction
Ratio Decidendi
The application fails because there is no main suit pending, and the applicant has already been evicted, rendering the relief sought nugatory.
Court Disposition
Application struck out
Full Case Text
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