elizabeth koku ndyamukama vs stanbic bank tanzania ltd others 2018 tzhclandd 21 21 february 2018

elizabeth koku ndyamukama vs stanbic bank tanzania ltd others 2018 tzhclandd 21 21 february 2018

The application was struck out as it was brought under a non-existent law, rendering it incompetent before the court.

Citation
elizabeth koku ndyamukama vs stanbic bank tanzania ltd others 2018 tzhclandd 21 21 february 2018
Parties
Applicant: Elizabeth Koku Ndyamukama; 1st Respondent: Stanbic Bank Tanzania Ltd; 2nd Respondent: LIHC Group; 3rd Respondent: MEM Auctioners and General Brokers Limited; 4th Respondent: Liberty International Ltd; 5th Respondent: Edwin Kaijage Ndyamukama; 6th Respondent: Yohanes Konda
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
21 February 2018
Procedural Posture
Miscellaneous Land Case Application / Ruling on Preliminary Objection Regarding Citation of Law
Outcome
Application struck out
Legal Topics
Injunction, Wrong Citation of Law, Competency of Application
Source Language
English
Civil Procedure Land Law Injunction Wrong Citation of Law Competency of Application

Case Brief

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Parties

Elizabeth Koku Ndyamukama

Applicant

Stanbic Bank Tanzania Ltd

1st Respondent

LIHC Group

2nd Respondent

MEM Auctioners and General Brokers Limited

3rd Respondent

Liberty International Ltd

4th Respondent

Edwin Kaijage Ndyamukama

5th Respondent

Yohanes Konda

6th Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Preliminary Objection Regarding Citation of Law

Legal Issues

  1. 1 Whether the application is competent due to citation of non-existent law
  2. 2 Whether an injunction can be granted under the cited provisions

Ratio Decidendi

The application was struck out as it was brought under a non-existent law, rendering it incompetent before the court.

Court Disposition

Application struck out

Orders

  • Application struck out
  • Each party to bear its own costs