20030731 TZHC Arusha

20030731 TZHC Arusha

The application for a temporary injunction pending the main suit is not legally maintainable as it would exceed the statutory six-month limit. Affidavits lacking proper jurat (place and date) are fatally defective and cannot be acted upon by the court.

Citation
20030731 TZHC Arusha
Parties
Applicant: Peter Lukas; Respondent: Pili Hussein; Respondent: Soud Said Masoudi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 July 2003
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Both the applicant's application and the respondents' preliminary objection are struck out.
Legal Topics
Injunctions, Affidavit Defects, Preliminary Objections
Source Language
English
Civil Procedure Injunctions Affidavit Defects Preliminary Objections

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Parties

Peter Lukas

Applicant

Pili Hussein

Respondent

Soud Said Masoudi

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for a temporary injunction pending determination of the main suit is legally maintainable
  2. 2 Whether affidavits lacking proper jurat (place and date) are fatally defective

Ratio Decidendi

The application for a temporary injunction pending the main suit is not legally maintainable as it would exceed the statutory six-month limit. Affidavits lacking proper jurat (place and date) are fatally defective and cannot be acted upon by the court.

Court Disposition

Both the applicant's application and the respondents' preliminary objection are struck out.

Orders

  • Each party to bear its own costs.