kikim contractors co ltd vs ncba bank another 2023 tzhclandd 16916 18 september 2023

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION)

AT DAR ES SALAAM MISC. LAND APPLICATION NO 541 OF 2023 , (Originating From Land Case No. 268 of 2023) KIKIM CONTRACTORS CO. LTD APPLICANT

VERSUS NCSA BANK 1^ RESPONDENT NUTMEG AUCTIONEERS & PROPERTY MANAGERS CO. LTD 2"° RESPONDENT

RULING Date ofLast Hearing: 18/09/2023 Date ofRuling: 18/09/2023 LARUFANI,J The applicant filed in this court the instant appllcatlon seeking for an order of temporary injunction to retrain the respondents, their successor in tittle, employees, agents, workmen and whoever person (s) purporting to act under the authority, instruction or otherwise from transfer of ownership and evicting the applicant's managing director from,the suit house located on Plot No. 8 Block 'C Msasani Area within Kinondoni Municipality in Dar es Salaam Region pending hearing and determination of the main suit The application was made under order XXXVII Rule 2(1) of the Civil Procedure Code Cap 33 R. E 2019 and if is supported by the affidavit sworn by Martin Edward Simba, Managing Director of the applicant and opposed by the counter affidavit sworn by Brigitha Mhumba, legal service officer of the first-respondent. \ . 1 However, when the application come for hearing today the counsel for the respondnts told the court that after discussing with his diets they have decided to withdraw their intention of opposing the appiication and prayed the appiication be granted but with no order as to costs. The prayer by the counsei for the respondents was not opposed by the counsei for the applicant. Hearing heard what was said to the court by the counsel for the parties and after seeing the application is

uncontested the court has gone through the chamber summons and its sopporting affidavit and find there is no any justifiabie reason which can make it to desist to grant the order the appiicant is seeking from this court. In the premises the application is granted and the order of temporary injunction sought in the chamber summons aganst the respondents is granted as prayerd save for the costs which the court is ordering each party to beer her own costs. It is so ordered. Dated at Dar es Saiaam this 18"" day of September, 2023 I. Arufani

JUDGE 18/09/2023 Court: Ruling delivered today 18"^ day of September, 2023 in the presence of Mr. Frank Ntuta, advocate for the appiicant and in the presence of Mr. Nimrod Msemwa, advocate for the respondents. Right of appeal to the court of appeal is fully explained. t [(.V, ytAtk < I. Arufani

JUDGE H 18/09/2023 FA