haroon hussein haroon 9 others vs cosmos properties limited 2 others 2024 tzhclandd 2 8 january 2024

haroon hussein haroon 9 others vs cosmos properties limited 2 others 2024 tzhclandd 2 8 january 2024

An application to extend a temporary injunction order must be filed before the order expires; once the order has lapsed, the court has no jurisdiction to extend it, rendering the application incompetent.

Citation
haroon hussein haroon 9 others vs cosmos properties limited 2 others 2024 tzhclandd 2 8 january 2024
Parties
Applicant: Haroon Hussen Haroon; Applicant: Jabeen Iqbal Noray; Applicant: Mohamed Ikbal Haji Mohamed; Applicant: Shammah Iman Abeid; Applicant: Hassanat Mohamed Ikbal Haji Mohamed; Applicant: Pravin Sakarchand Dharamsi Chavda; Applicant: Abdullah Gulamshafi Alimohamed; Applicant: Tanzil Gulamshafi Alimohamed; Applicant: Tongshun Plastic Packing Color Printing Co. Ltd; Applicant: Yasmin Rafik Nurmohamed; Respondent: Cosmos Properties Limited; Respondent: Exim Bank (Tanzania) Limited; Respondent: Walter Buxton Chipeta as Receiver Manager
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
8 January 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Temporary Injunctions, Extension of Orders, Jurisdiction, Preliminary Objection
Source Language
English
Civil Procedure Land Law Temporary Injunctions Extension of Orders Jurisdiction Preliminary Objection

Case Brief

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Parties

Haroon Hussen Haroon

Applicant

Jabeen Iqbal Noray

Applicant

Mohamed Ikbal Haji Mohamed

Applicant

Shammah Iman Abeid

Applicant

Hassanat Mohamed Ikbal Haji Mohamed

Applicant

Pravin Sakarchand Dharamsi Chavda

Applicant

Abdullah Gulamshafi Alimohamed

Applicant

Tanzil Gulamshafi Alimohamed

Applicant

Tongshun Plastic Packing Color Printing Co. Ltd

Applicant

Yasmin Rafik Nurmohamed

Applicant

Cosmos Properties Limited

Respondent

Exim Bank (Tanzania) Limited

Respondent

Walter Buxton Chipeta as Receiver Manager

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the court has jurisdiction to extend a temporary injunction order that has expired
  2. 2 Whether an application to extend a non-existent order is competent

Ratio Decidendi

An application to extend a temporary injunction order must be filed before the order expires; once the order has lapsed, the court has no jurisdiction to extend it, rendering the application incompetent.

Court Disposition

Application struck out with costs

Orders

  • The preliminary objection is upheld.
  • The entire application is struck out with costs.