shubi mukurasi vs crdb bank plc 3 others 2023 tzhclandd 136 28 february 2023

shubi mukurasi vs crdb bank plc 3 others 2023 tzhclandd 136 28 february 2023

The application was struck out as it was overtaken by events, since the statutory notice period had expired and the applicant failed to file the intended suit within 48 days after expiry, rendering the interim relief sought redundant.

Citation
shubi mukurasi vs crdb bank plc 3 others 2023 tzhclandd 136 28 february 2023
Parties
Applicant: Shubi Mukurasi; 1st Respondent: CRDB Bank PLC; 2nd Respondent: Abdallah Waziri Simba; 3rd Respondent: Registrar of Titles; 4th Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
28 February 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Interim Injunction
Outcome
Application struck out as overtaken by events.
Legal Topics
Interim Injunction, Notice Under Government Proceedings Act, Striking Out Applications, Locus Standi After Expiry of Statutory Notice
Source Language
English
Land Law Civil Procedure Interim Injunction Notice Under Government Proceedings Act Striking Out Applications Locus Standi After Expiry of Statutory Notice

Case Brief

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Parties

Shubi Mukurasi

Applicant

CRDB Bank PLC

1st Respondent

Abdallah Waziri Simba

2nd Respondent

Registrar of Titles

3rd Respondent

The Attorney General

4th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Interim Injunction

Legal Issues

  1. 1 Whether the application for interim injunction is maintainable after expiry of statutory notice period under the Government Proceedings Act
  2. 2 Whether the application has been overtaken by events

Ratio Decidendi

The application was struck out as it was overtaken by events, since the statutory notice period had expired and the applicant failed to file the intended suit within 48 days after expiry, rendering the interim relief sought redundant.

Court Disposition

Application struck out as overtaken by events.

Orders

  • Points of preliminary objection withdrawn as prayed.
  • Application struck out for being overtaken by event.