19980806 TZHC Dar es Salaam

19980806 TZHC Dar es Salaam

The court held that there was no lacuna in the law as Order 37 CPC specifically governs the grant of temporary injunctions, and the applicants failed to file a substantive suit to anchor their application. Inherent powers cannot be invoked where statutory provisions exist. The application for temporary injunction was therefore untenable and dismissed.

Citation
19980806 TZHC Dar es Salaam
Parties
Applicants: Augustine M. Emanuel & Others; Respondent: Shirika la Usafiri Dar es Salaam, Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 August 1998
Procedural Posture
Misc. Civil Cause / Ruling on Application for Temporary Injunction and Representative Suit
Outcome
Applications dismissed with costs
Legal Topics
Temporary Injunction, Inherent Powers of the Court, Representative Suit, Redundancy and Retrenchment, Service Tenancy
Source Language
English
Civil Procedure Labour Law Temporary Injunction Inherent Powers of the Court Representative Suit Redundancy and Retrenchment Service Tenancy

Case Brief

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Parties

Augustine M. Emanuel & Others

Applicants

Shirika la Usafiri Dar es Salaam, Ltd

Respondent

Procedural Posture

Misc. Civil Cause / Ruling on Application for Temporary Injunction and Representative Suit

Legal Issues

  1. 1 Whether the court can grant a temporary injunction in the absence of a substantive suit
  2. 2 Whether inherent powers of the court can be invoked when specific statutory provisions exist
  3. 3 Whether applicants are entitled to protection from eviction and disposal of property pending suit

Ratio Decidendi

The court held that there was no lacuna in the law as Order 37 CPC specifically governs the grant of temporary injunctions, and the applicants failed to file a substantive suit to anchor their application. Inherent powers cannot be invoked where statutory provisions exist. The application for temporary injunction was therefore untenable and dismissed.

Court Disposition

Applications dismissed with costs

Orders

  • Applications for temporary injunction and related reliefs are dismissed with costs