sharack a mimo and another vs salima hussein mwasa 2012 tzhclandd 6 2 october 2012

sharack a mimo and another vs salima hussein mwasa 2012 tzhclandd 6 2 october 2012

The application for temporary injunction and leave to reside in the suit premises has been overtaken by events as the respondents have already been evicted, making the relief sought impractical and purposeless.

Citation
sharack a mimo and another vs salima hussein mwasa 2012 tzhclandd 6 2 october 2012
Parties
Appellant: Sharack A. Mimo & Another; Respondent: Salima Hussein Mwasa
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
2 October 2012
Procedural Posture
Land Appeal / Ruling on Preliminary Objection
Outcome
application dismissed
Legal Topics
Temporary Injunction, Preliminary Objection, Eviction, Procedural Defects
Source Language
English
Land Law Civil Procedure Temporary Injunction Preliminary Objection Eviction Procedural Defects

Case Brief

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Parties

Sharack A. Mimo & Another

Appellant

Salima Hussein Mwasa

Respondent

Procedural Posture

Land Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for temporary injunction and leave to reside in the suit premises has been overtaken by events
  2. 2 Whether the application is time barred
  3. 3 Whether the affidavit is incurably defective

Ratio Decidendi

The application for temporary injunction and leave to reside in the suit premises has been overtaken by events as the respondents have already been evicted, making the relief sought impractical and purposeless.

Court Disposition

application dismissed

Orders

  • Application for temporary injunction filed under Order XXXVII rule 1 and Section 95 of the Civil Procedure Code, Cap 33 R.E. 2002 is dismissed.