20161214 TZHC Dar es Salaam

20161214 TZHC Dar es Salaam

The application was dismissed because it was filed outside the statutory limitation period and after the expiry of the injunction order, without leave of the court, rendering it time barred and overtaken by events.

Citation
20161214 TZHC Dar es Salaam
Parties
Applicant: Mbegu Rajabu Mfaume; 1st Respondent: Attorney General; 2nd Respondent: Permanent Secretary Ministry for Lands Housing and Human Settlements Development; 3rd Respondent: Hon Minister, Ministry of Lands Housing and Human Settlements Development
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 December 2016
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection and Merits
Outcome
Application dismissed
Legal Topics
Temporary Injunctions, Limitation of Actions, Contempt of Court
Source Language
English
Civil Procedure Land Law Temporary Injunctions Limitation of Actions Contempt of Court

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Parties

Mbegu Rajabu Mfaume

Applicant

Attorney General

1st Respondent

Permanent Secretary Ministry for Lands Housing and Human Settlements Development

2nd Respondent

Hon Minister, Ministry of Lands Housing and Human Settlements Development

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection and Merits

Legal Issues

  1. 1 Whether the application is time barred under the Law of Limitation Act
  2. 2 Whether the application is overtaken by events due to expiry of the injunction order
  3. 3 Whether the applicant is entitled to orders for contempt against the respondents

Ratio Decidendi

The application was dismissed because it was filed outside the statutory limitation period and after the expiry of the injunction order, without leave of the court, rendering it time barred and overtaken by events.

Court Disposition

Application dismissed

Orders

  • Application dismissed for being time barred and overtaken by event