EDNA ASHERI SCANNED

The application for interim injunction cannot be maintained in the absence of a pending main suit; since the main suit was struck out, the application lacks legal basis and must be struck out.

Citation: EDNA ASHERI SCANNED
Parties: Applicant: Edna Asheri Nyika; 1st Respondent: Tanzania Building Agency; 2nd Respondent: Twins Auction Mart Company Limited; 3rd Respondent: The Attorney General
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 30 September 2024
Procedural Posture: Miscellaneous Land Case Application / Ruling on Interim Injunction Application
Outcome: Application struck out
Legal Topics: Interim Injunction, Eviction, Jurisdiction, Locus Standi
Source Language: English

Civil Procedure Land Law Interim Injunction Eviction Jurisdiction Locus Standi

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Parties

Edna Asheri Nyika

Applicant

Tanzania Building Agency

1st Respondent

Twins Auction Mart Company Limited

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Interim Injunction Application

Legal Issues

1 Whether interim injunctive relief can be granted in absence of a pending main suit
2 Whether the application is maintainable after the main suit was struck out

Ratio Decidendi

The application for interim injunction cannot be maintained in the absence of a pending main suit; since the main suit was struck out, the application lacks legal basis and must be struck out.

Court Disposition

Application struck out

Orders

Entire application struck out with no orders as to costs