henry baraka makundi vs nmb bank plc another 2023 tzhclandd 17061 19 october 2023
The application for temporary injunction is incompetent as there is no pending main application before the court.
- Citation
- henry baraka makundi vs nmb bank plc another 2023 tzhclandd 17061 19 october 2023
- Parties
- Applicant: Henry Baraka Mukundi; 1st Respondent: NMB Bank PLC; 2nd Respondent: Steam Generation Ltd
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 19 October 2023
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Temporary Injunction
- Outcome
- application dismissed with costs
- Legal Topics
- Temporary Injunction, Competency of Application, Dismissal of Suit
- Source Language
- English
Case Brief
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Parties
Henry Baraka Mukundi
Applicant
NMB Bank PLC
1st Respondent
Steam Generation Ltd
2nd Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Legal Issues
- 1 Whether the application for temporary injunction is competent without a pending main suit
- 2 Effect of dismissal of main application on interim application
Ratio Decidendi
The application for temporary injunction is incompetent as there is no pending main application before the court.
Court Disposition
application dismissed with costs
Orders
- application dismissed with costs
Full Case Text
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