19990913 TZHC Moshi

IN THE HIGH COURT OF TANZANIA - .AT MOSHI ~ CIVIL CASE NO. 22 OF 1999 DR. ABDALLAH ATHAN; MAY-ANGE ) ) •••• PLAIN.rIFF & 16 orHE:RS )

VERSUS 1 e FLAVIAN P. MVSHY ) ) 2. FRANK MWAFONOO · ) ••••• DEFENDANTS 3. MANYELO MKANGE MRAMBA ) 4. P.m'ER TEMU MASH:tNGn ))

RULING MC HOME t..:!.• On 2://10/99 this court issued a temporary injuction against Defendants. This is an application by the.learned counsel for the plaintiff for extension of that injunction order as six months have expired since it was first issued and the defendants are no longer obeying it. Under the Civil Procedure Code as ammended by G.N. 5(17/91 1 a temporary injuction Ordej can have a_life span of only six months. When these expire . the holder of that order can apply for an extension of another six months • A temporary injunction can not last for a total of more than twelve months. The temporary injunction order complain~d 1of was granted on 27/10/99. It is over two years now. An extension of the temporary injunction can not be issued to last over a total of 12 months. Therefore this application for extension of the injunctio~ order is no longer maintainable. I hereby dismiss it with costs. ~ti-..c ,:,'1'· ' ~ ~ L.B. MCHOME, • 1··\.;f~~~t--~(

JUDGE :·; (: I\ .·'-:\;/::;;"';] 13/2/2002 ·''\:,:- ··:. ~-\. "'';., ,'l,·~~-~·.,. .·~>·:_., <_ ~,..,, \·': ~:·• . '·,(':ot"dert•, · ar 1.es to be notified. ~ .,la.4&;Ci,_ - - --~ ' L.B. MCHOME,

JUDGE 13/2/2002

IN THE HIGH COURT OF TANZANIA

AT MOSHI · MISC CIVIL" APPL,. NO. 60 OF 1999 {c/f civil Appeal No. 39 of 1998 Original Civil Case No. 33 of 1 ~ BEA.TRICE LUCAS •• •• APPLICANT Versus GRA.CE w/o ELIONA • • RESPONDENT

R U L IN G BEFOREt E. Im. ~O; J: The applicant seeks an order to stay execution in Civil Appea.1 No, }9/9?. on the ground that she intends to appea.l to the eourt of Appeal of Tanzania. No notice of appeal was annexed to the chamber swnrnons to support the appli- cation and none has been served on the respondent. In that oase there is no proof that there is an intended appeal although the judgementwa.s passed on the 23/2/99, seven months ago. _Under the circumstances the application is devoid of merit, The application. is cfi.smissed with costs.