20250324 TZHC Dar es Salaam

The application was time barred as it was filed more than two years after the accrual of the right to apply for setting aside the injunction, which should have been brought within 60 days under the Law of Limitation Act. The application also cited the wrong enabling provision and was therefore misconceived.

Citation: 20250324 TZHC Dar es Salaam
Parties: Applicant: Pardeep Singh Hans; 1st Respondent: Dar es Salaam Cement Company Ltd; 2nd Respondent: Merey Ally Saleh
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 24 March 2025
Procedural Posture: Miscellaneous Civil Application / Ruling on Preliminary Objections and Application
Outcome: Application dismissed as time barred and misconceived.
Legal Topics: Injunctions, Limitation of Actions, Affidavit Validity
Source Language: English

Civil Procedure Injunctions Limitation of Actions Affidavit Validity

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2

Parties

Pardeep Singh Hans

Applicant

Dar es Salaam Cement Company Ltd

1st Respondent

Merey Ally Saleh

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections and Application

Legal Issues

1 Whether the application to set aside injunctive orders is time barred
2 Whether the application cites the correct enabling provision
3 Whether the supporting affidavit is validly attested

Ratio Decidendi

Court Disposition

Application dismissed as time barred and misconceived.

Orders

No order as to costs.