20040621 TZHC Arusha
The application is incompetent as there is no substantive suit pending in the High Court between the parties, which is a mandatory requirement for granting a temporary injunction under Order 37 of the Civil Procedure Code 1966.
- Citation
- 20040621 TZHC Arusha
- Parties
- Applicant: Mmari Peter Amos; Respondent: Arumeru Executive Director; Respondent: TSC Board - DSM & Arusha
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 21 June 2004
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Preliminary Objection
- Outcome
- Application struck out with costs
- Legal Topics
- Temporary Injunctions, Preliminary Objections, Competence of Application
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mmari Peter Amos
Applicant
Arumeru Executive Director
Respondent
TSC Board - DSM & Arusha
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether an application for temporary injunction is maintainable without a substantive suit pending in the court
Ratio Decidendi
The application is incompetent as there is no substantive suit pending in the High Court between the parties, which is a mandatory requirement for granting a temporary injunction under Order 37 of the Civil Procedure Code 1966.
Court Disposition
Application struck out with costs
Orders
- Application struck out with costs
- Applicant may seek relief in the Arusha District Court
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment