20060310 TZCA Dar es Salaam 1

20060310 TZCA Dar es Salaam 1

The Court of Appeal lacks jurisdiction to grant temporary injunctions in this context, as such relief should be sought in the High Court exercising original jurisdiction. No sufficient grounds were shown to justify the grant of a temporary injunction.

Citation
20060310 TZCA Dar es Salaam 1
Parties
Applicant: Gazelle Tracker Limited; Respondent: Tanzania Petroleum Development Corporation
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 March 2006
Procedural Posture
Civil Application / Application for Temporary Injunction Pending Appeal
Outcome
Application dismissed with costs
Legal Topics
Temporary Injunctions, Jurisdiction, Landlord and Tenant, Right of First Refusal, Appellate Procedure
Source Language
English
Civil Procedure Land Law Contract Law Temporary Injunctions Jurisdiction Landlord and Tenant Right of First Refusal Appellate Procedure

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Parties

Gazelle Tracker Limited

Applicant

Tanzania Petroleum Development Corporation

Respondent

Procedural Posture

Civil Application / Application for Temporary Injunction Pending Appeal

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to grant a temporary injunction in this matter
  2. 2 Whether sufficient grounds exist to grant a temporary injunction restraining eviction pending appeal

Ratio Decidendi

The Court of Appeal lacks jurisdiction to grant temporary injunctions in this context, as such relief should be sought in the High Court exercising original jurisdiction. No sufficient grounds were shown to justify the grant of a temporary injunction.

Court Disposition

Application dismissed with costs

Orders

  • Application for temporary injunction dismissed
  • Applicant to pay costs