abdallah lazaro iddy and 18 others vs gresimo kalugaba 2020 tzhclandd 3921 15 december 2020
The application is struck out as it has been overtaken by events; the relief sought in the chamber summons is no longer available since the alleged demolition has already occurred, and the court cannot grant a new prayer not reflected in the original application.
- Citation
- abdallah lazaro iddy and 18 others vs gresimo kalugaba 2020 tzhclandd 3921 15 december 2020
- Parties
- Applicants: Abdallah Lazaro Iddy & 18 Others; Respondent: Gresimo Kalugaba
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 15 December 2020
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Injunction
- Outcome
- Application struck out
- Legal Topics
- Injunctions, Execution of Decree, Procedural Competence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Abdallah Lazaro Iddy & 18 Others
Applicants
Gresimo Kalugaba
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Injunction
Legal Issues
- 1 Whether the application for injunction is competent for failure to specify the sub-rule under Order XXXVII Rule 1 of the Civil Procedure Code
- 2 Whether the application for injunction has been overtaken by events
Ratio Decidendi
The application is struck out as it has been overtaken by events; the relief sought in the chamber summons is no longer available since the alleged demolition has already occurred, and the court cannot grant a new prayer not reflected in the original application.
Court Disposition
Application struck out
Orders
- The application is struck out for being overtaken by events.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment