mbega farm company ltd vs crdb bank plc others 2016 tzhccomd 16 15 september 2016

mbega farm company ltd vs crdb bank plc others 2016 tzhccomd 16 15 september 2016

An application for a temporary injunction under Order XXXVII Rule 2(1) of the Civil Procedure Code can only be brought against defendants to the main suit; since the 2nd and 3rd respondents are not parties to the main suit, the application against them is not legally proper and must be struck out.

Citation
mbega farm company ltd vs crdb bank plc others 2016 tzhccomd 16 15 september 2016
Parties
Applicant: Mbega Farm Company Ltd; 1st Respondent: CRDB Bank PLC; 2nd Respondent: Sabah Acklain Ghalib; 3rd Respondent: MEM Auctioneers and General Brokers Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
15 September 2016
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Preliminary Objection Regarding Parties to Application for Temporary Injunction
Outcome
Preliminary objection upheld; 2nd and 3rd respondents struck out from the application; application to proceed against 1st respondent only; no order as to costs.
Legal Topics
Temporary Injunctions, Proper Parties to Suit, Preliminary Objection
Source Language
English
Civil Procedure Commercial Law Temporary Injunctions Proper Parties to Suit Preliminary Objection

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Parties

Mbega Farm Company Ltd

Applicant

CRDB Bank PLC

1st Respondent

Sabah Acklain Ghalib

2nd Respondent

MEM Auctioneers and General Brokers Ltd

3rd Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Preliminary Objection Regarding Parties to Application for Temporary Injunction

Legal Issues

  1. 1 Whether an application for temporary injunction can be brought against persons who are not parties (defendants) to the main suit

Ratio Decidendi

An application for a temporary injunction under Order XXXVII Rule 2(1) of the Civil Procedure Code can only be brought against defendants to the main suit; since the 2nd and 3rd respondents are not parties to the main suit, the application against them is not legally proper and must be struck out.

Court Disposition

Preliminary objection upheld; 2nd and 3rd respondents struck out from the application; application to proceed against 1st respondent only; no order as to costs.

Orders

  • 2nd and 3rd respondents struck out from the application
  • Application to proceed against 1st respondent only