EDNA ASHERI SCANNED

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION)

AT DAR ES SALAAM MISC. LAND CASE APLICATION NO. 16511 OF 2024 (Arising from Land Case No. 15600 of2024) EDNA ASHERI NYIKA................................................. APPLICANT

VERSUS TANZANIA BUILDING AGENCY........................ 1st RESPONDENT TWINS AUCTION MART COMPANY LIMITED....2nd RESPONDENT THE ATTORNEY GENERAL................................. 3rd RESPONDENT

RULING 25h & 3Cfh September, 2024 L. HEMED, J. This application has been preferred under sections 68 (c) (e), 95 and Order XXXVII of Rule 2 (1) of the Civil Procedure Code [Cap 33 RE 2019]. The applicant herein seeks for the following orders against the respondents herein:- "X Exparte Interim Order. a) The honourable Court be pleased to issue an interim order restraining the Respondents. Their agent, assignees, any other person acting on their behalf from taking any further steps or action towards eviction of the Applicant from the house located on Plot No. 58 Block 24 Bunju y/B" Kinondoni District Dar es Salaam i Region pending the hearing determination of the application interparties.

2. Inter-partes (b) The honourable Court be pleased to issued an interim order restraining the Respondent, their agents, assignees, any other person acting on their behalf from taking any further steps or action towards eviction of the applicant from the house located on Plot No. 58 Block 24 Bunju 'B" Kinondoni District Dar es Salaam Region pending determination of the main suit (c) Costs of the application be in the cause; (d) And other reliefs are honourable Court may deem fit andjust to grant." The application has been supported by the affidavit of the Applicant and resisted by the respondents through the joint counter affidavit of 1st and 3rd respondents. Hearing of it was by way of written submissions, where Mr. Emmanuel Joachim Msengezi, learned counsel acted for the Applicant while the 1st and 3rd respondents enjoyed the legal service of Ms. Selina Kapange, learned Senior State Attorney. The matter proceeded exparte against the 2nd Respondent following proof that she was duly served but opted not to appear or file counter affidavit. I have gone through the rival submissions as were filed by the parties. My discovery from the said submissions is that, the Applicant is in 2 an attempt to move this court to restrain the respondents from evicting her from the suit landed property, house on Plot No. 58 Block 24 Bunju ' B" Kinondoni District, Dar es Salaam, pending

determination of the main suit, that is, Land Case No. 15600 of 2024. However, the court has taken judicial notice that the said main suit, Land Case, No. 15600 of 2024 is no longer pending in this court as the same was struck out on 30th September, 2024 on account of jurisdiction of this court to entertain it. The question is whether the prayers sought can be granted in the absence of the main suit. The question has been raised because, the orders sought in the chamber summons used to present the application, depend on the pendency of the main suit. The learned counsel for the parties were called to address on this point and in fact, they agreed that in the absence of the main suit, the instantaneous application becomes untenable. I am on the same page with the learned counsel taking into account that this application has been preferred under Order XXXVII Rule 2(1) of the Civil Procedure Code {supra) which provides thus:- In any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at 3 any time after the commencement of the suit and either before or after judgment apply to the court for a temporary injunction to restrain the defendant form committing the breach of contract or injury complained of, or any breach of contract or injury of a tike kind arising out

of the same contract or relating to the same property or right: "[Emphasis added] The above provision envisages that for a party to have locus standi to apply for injunctive orders there must be a pending suit before the court. The fact that, Land Case No.15600 of 2024 which formed the basis of this application has been struck out, this application has to collapse for want of legal basis to stand. In other words, the application has been overtaken by events. In the upshot, I hereby strike out the entire application with no orders as to costs. Order accordingly. DATED at DAR ES SALAAM this 30th September, 2024 4