19980619 TZHC Dar es Salaam

19980619 TZHC Dar es Salaam

The application for temporary injunction is incompetent because the Civil Procedure Code provides specific provisions for stay of execution in appeal cases, which the applicant neglected to use; section 95 cannot be invoked in such circumstances.

Citation
19980619 TZHC Dar es Salaam
Parties
Appellant: Omari Mgeni; Respondent: Mohammed Ilamid
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 June 1998
Procedural Posture
Civil Appeal / Interlocutory Application for Temporary Injunction Pending Appeal
Outcome
application struck out
Legal Topics
Temporary Injunction, Stay of Execution, Inherent Jurisdiction
Source Language
English
Civil Procedure Temporary Injunction Stay of Execution Inherent Jurisdiction

Case Brief

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Parties

Omari Mgeni

Appellant

Mohammed Ilamid

Respondent

Procedural Posture

Civil Appeal / Interlocutory Application for Temporary Injunction Pending Appeal

Legal Issues

  1. 1 Whether an application for temporary injunction is competent in an appeal context
  2. 2 Whether section 95 of the Civil Procedure Code can be invoked when specific provisions exist

Ratio Decidendi

The application for temporary injunction is incompetent because the Civil Procedure Code provides specific provisions for stay of execution in appeal cases, which the applicant neglected to use; section 95 cannot be invoked in such circumstances.

Court Disposition

application struck out

Orders

  • application struck out with no costs