LUNCHTIME SCANNED

IN THE HIGH COURT OF TANZANIA (LAND DIVISION) AT PAR ES SALAAM MISC.LAND APPLICATION NO. 28222 OF 2024 (Arising from Land Case No. 27815 of 2024) LUNCHTIME ROYAL INN COMPANY LIMITED..................... 1st APPLICANT FRANK SIMON MWAKATILA................................................. 2nd APPLICANT VERSUS NCSA BANK TANZANIA LIMITED....................................... 1st RESPONDENT KOTIBROTHERS COMPANY LIMITED................................. 2nd RESPONDENT RULING 11/02/2025 & 20/02/2025 A.MSAFIRI, J This is a Ruling following the Application for temporary injunction brought by the above applicants seeking for the orders that this court be pleased to grant orders of temporary injunctions against the 1st and 2nd respondents, their servants, agents, assignees, workmen or whomsoever the respondents may act through, to be restrained from disposing or auctioning the 2nd applicants property, appoint a receiver, leasing the property or entering possession thereof, of the house situated in Plot No. 1153, Block "F", Manzese Area, in Kinondoni Municipality, Dar es Salaam i Region (the suit property), pending the conclusive determination of the suit between the parties herein. The application was supported by an affidavit of Frank Simon Mwakatwila, the 2nd applicant who stated to be also the Principal Officer of the 1st respondent, conversant with the facts of the matter. The application was contested by the both respondents vide a counter affidavit filed in court by one Kosani Msama, who said to be a Legal Service Officer of the 1st respondent and hence authorized to depose on behalf of the respondents. The Application was filed along the main case involving the same parties which is Land Case No. 27815 of 2024. The application was heard by way of written submissions whereby the parties complied with the court's schedule. The applicants were being represented by Mr Augustine Mathern Kusalika, learned Advocate while the respondents had legal representation of Shiza Ahmed John, Advocate. However, before the court have reached a stage of determination of the application, the respondents who are also the defendants in the said main case, raised a preliminary objection in the main case to the effect that the same was res judicata to the previous case Land Application No. 494 of 2018 at District Land and Housing Tribunal for Kinondoni at Mwananyamala between the same parties and also a similar suit filed aU 2 the Resident Magistrate Court of Dar es Salaam at Kisutu (Civil Case No. 12261 of 2024). The respondents/ defendants prayed the court to dismiss the main suit with costs. Guided by the cardinal law that the preliminary objection if raised should be determined first before proceeding with the subsequent proceedings, the court set to determine the raised preliminary objection, and eventually find the raised objection to have merit and went on to dismiss the main case with costs. This application originates from the main case i.e Land Case No. 27815 of 2024 which has been dismissed for being res judicata. Since the same have been dismissed, then this Application has no legs to stand upon and it also collapses. The parties also agreed that the instant Application is no longer competent before the court and the remedy is to strike it out. I hereby strike out the application, with costs. It is so ordered. / / / // A. MSAFI JUDGE 20/02/2025 3