florence chacha vs tbp plc as successor in tittle of the defunct tib corporate bank limited and 6 others 2021 tzhc 7606 22 november 2021

florence chacha vs tbp plc as successor in tittle of the defunct tib corporate bank limited and 6 others 2021 tzhc 7606 22 november 2021

The application is incompetent as the temporary injunction order had expired and was overtaken by events; the 3rd respondent is not the proper party for execution or contempt; the appropriate remedy was to file for execution against the correct parties or institute a new suit after expiry of the order.

Citation
florence chacha vs tbp plc as successor in tittle of the defunct tib corporate bank limited and 6 others 2021 tzhc 7606 22 november 2021
Parties
Applicant: Florence Chacha; 1st Respondent: TBP PLC (as successor in title of the defunct TIB Corporate Bank Limited); 2nd Respondent: Mchinga Auction Mart & Real Agency; 3rd Respondent: Ramadhan Bwana Trading As Le Grand Victoria Hotel; 4th Respondent: Kitaji Investments Limited; 5th Respondent: Gati Deborah Isack (Administratrix of the estate of the late Chacha Mwita Ng'ariba); 6th Respondent: Zaituni Ng'ariba; 7th Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 November 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Execution and Contempt
Outcome
Application struck out
Legal Topics
Temporary Injunction, Execution of Court Orders, Contempt of Court
Source Language
English
Civil Procedure Land Law Temporary Injunction Execution of Court Orders Contempt of Court

Case Brief

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Parties

Florence Chacha

Applicant

TBP PLC (as successor in title of the defunct TIB Corporate Bank Limited)

1st Respondent

Mchinga Auction Mart & Real Agency

2nd Respondent

Ramadhan Bwana Trading As Le Grand Victoria Hotel

3rd Respondent

Kitaji Investments Limited

4th Respondent

Gati Deborah Isack (Administratrix of the estate of the late Chacha Mwita Ng'ariba)

5th Respondent

Zaituni Ng'ariba

6th Respondent

The Attorney General

7th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Execution and Contempt

Legal Issues

  1. 1 Whether the application for execution and contempt is competent after expiry of the temporary injunction order
  2. 2 Whether the 3rd respondent is the proper party for execution or contempt proceedings
  3. 3 Whether the remedy sought is appropriate given the lapse of the injunction order

Ratio Decidendi

The application is incompetent as the temporary injunction order had expired and was overtaken by events; the 3rd respondent is not the proper party for execution or contempt; the appropriate remedy was to file for execution against the correct parties or institute a new suit after expiry of the order.

Court Disposition

Application struck out

Orders

  • Each party to bear its own costs