20150901 TZHC Arusha

20150901 TZHC Arusha

The application for temporary injunction is not maintainable as the applicant has already been evicted and the property sold; there is nothing left to restrain, and the relief sought cannot be granted under the applicable law.

Citation
20150901 TZHC Arusha
Parties
Applicant: Neema Ephata Kitaly; 1st Respondent: Rhodes Moshy; 2nd Respondent: Fording Security; 3rd Respondent: NBC Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 September 2015
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objections to Application for Temporary Injunction
Outcome
Application dismissed with costs to the first and third respondents.
Legal Topics
Temporary Injunctions, Preliminary Objection, Eviction, Status Quo, Jurisdiction
Source Language
English
Civil Procedure Temporary Injunctions Preliminary Objection Eviction Status Quo Jurisdiction

Case Brief

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Parties

Neema Ephata Kitaly

Applicant

Rhodes Moshy

1st Respondent

Fording Security

2nd Respondent

NBC Limited

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections to Application for Temporary Injunction

Legal Issues

  1. 1 Whether the application for temporary injunction is maintainable after eviction and sale of the premises
  2. 2 Whether the order sought can be granted in an application for temporary injunction
  3. 3 Whether the affidavit in support is incurably defective

Ratio Decidendi

The application for temporary injunction is not maintainable as the applicant has already been evicted and the property sold; there is nothing left to restrain, and the relief sought cannot be granted under the applicable law.

Court Disposition

Application dismissed with costs to the first and third respondents.

Orders

  • Application dismissed
  • Costs awarded to first and third respondents