20150710 TZHC Dar es Salaam1

The application for enlargement of time and temporary injunction is neither bad in law nor incompetent; non-citation of relevant provisions is not fatal; application for enlargement of time cannot be time barred; joining the second respondent was not improper given the eviction notice.

Citation: 20150710 TZHC Dar es Salaam1
Parties: Applicant: Gaudensia E. Mfuko & 59 Others; 1st Respondent: National Housing Corporation; 2nd Respondent: Kimbembe Auction Mart Limited
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 10 July 2015
Procedural Posture: Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome: Preliminary objection overruled; application granted
Legal Topics: Temporary Injunction, Enlargement of Time, Preliminary Objection, Joinder of Parties
Source Language: English

Civil Procedure Land Law Temporary Injunction Enlargement of Time Preliminary Objection Joinder of Parties

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Parties

Gaudensia E. Mfuko & 59 Others

Applicant

National Housing Corporation

1st Respondent

Kimbembe Auction Mart Limited

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

1 Whether non-citation of relevant provisions of law renders the application incompetent
2 Whether the application for enlargement of time is time barred
3 Whether the second respondent was wrongly joined

Ratio Decidendi

Court Disposition

Preliminary objection overruled; application granted

Orders

Exparte interim order of injunction preventing eviction to continue pending hearing and determination of the main application
Each party to bear its own costs