raymond focus mlay vs furahini joseph lema another 2022 tzhclandd 12364 30 september 2022

raymond focus mlay vs furahini joseph lema another 2022 tzhclandd 12364 30 september 2022

The High Court lacks jurisdiction to entertain the application for contempt while a revision is pending at the Court of Appeal, as both proceedings originate from the same interim orders and the law requires the lower court to cease jurisdiction except for execution matters.

Citation
raymond focus mlay vs furahini joseph lema another 2022 tzhclandd 12364 30 september 2022
Parties
Applicant: Raymond Focus Mlay; 1st Respondent: Furahini Joseph Lema; 2nd Respondent: Rawasi Security Service Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 September 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objections
Outcome
Application struck out with costs
Legal Topics
Contempt of Court, Jurisdiction, Interim Injunctions
Source Language
English
Civil Procedure Land Law Contempt of Court Jurisdiction Interim Injunctions

Case Brief

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Parties

Raymond Focus Mlay

Applicant

Furahini Joseph Lema

1st Respondent

Rawasi Security Service Ltd

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain the application for contempt while a revision is pending at the Court of Appeal
  2. 2 Whether permission from the Director of Public Prosecutions is required to prosecute contempt under Section 114 of the Penal Code

Ratio Decidendi

The High Court lacks jurisdiction to entertain the application for contempt while a revision is pending at the Court of Appeal, as both proceedings originate from the same interim orders and the law requires the lower court to cease jurisdiction except for execution matters.

Court Disposition

Application struck out with costs

Orders

  • Application struck out
  • Costs awarded to respondents