20121002 TZHC Dar es Salaam
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, rendering the application impractical and purposeless.
- Citation
- 20121002 TZHC Dar es Salaam
- Parties
- Appellant: Sharack A. Mimo & Another; Respondent: Salima Hussein Mwasa
- Court
- TZHC
- 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, Time Barred Applications
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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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 Whether the application for temporary injunction and leave to reside in the suit premises has been overtaken by events
- 2 Whether the application is time barred
- 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, rendering the application 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.
Full Case Text
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