quality center ltd vs bann ltd 2018 tzhclandd 520 15 august 2018

quality center ltd vs bann ltd 2018 tzhclandd 520 15 august 2018

The application to vary the interlocutory order was dismissed because the applicant failed to provide sufficient material or explanation to justify the court's exercise of discretion under Order XXXVII Rule 5 of the CPC. The court held that varying the order would preempt the main suit, as the issues of lease and liabilities are yet to be determined at trial.

Citation
quality center ltd vs bann ltd 2018 tzhclandd 520 15 august 2018
Parties
Applicant: Quality Centre Ltd; Respondent: Bann Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
15 August 2018
Procedural Posture
Miscellaneous Land Application / Ruling on Application to Vary Interlocutory Order
Outcome
Application dismissed with costs
Legal Topics
Interlocutory Orders, Variation of Court Orders, Landlord and Tenant, Lease Agreements
Source Language
English
Civil Procedure Land Law Interlocutory Orders Variation of Court Orders Landlord and Tenant Lease Agreements

Case Brief

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Parties

Quality Centre Ltd

Applicant

Bann Limited

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application to Vary Interlocutory Order

Legal Issues

  1. 1 Whether the court has jurisdiction to vary its interlocutory order dated 25th June, 2018 under Order XXXVII Rule 5 of the CPC
  2. 2 Whether sufficient cause has been shown to warrant variation of the interlocutory order

Ratio Decidendi

The application to vary the interlocutory order was dismissed because the applicant failed to provide sufficient material or explanation to justify the court's exercise of discretion under Order XXXVII Rule 5 of the CPC. The court held that varying the order would preempt the main suit, as the issues of lease and liabilities are yet to be determined at trial.

Court Disposition

Application dismissed with costs

Orders

  • Application to vary the interlocutory order dated 25th June, 2018 is dismissed
  • Applicant to pay costs