sophia mathayo simba vs equity banktltd 2 others 2018 tzhclandd 591 26 september 2018

sophia mathayo simba vs equity banktltd 2 others 2018 tzhclandd 591 26 september 2018

The application for temporary injunction is incompetent because it was filed when there was no pending main suit, as required by Order XXXVII Rule 1(a) and 2 of the Civil Procedure Code. An application for restoration of a dismissed suit cannot serve as the basis for an interim injunction.

Citation
sophia mathayo simba vs equity banktltd 2 others 2018 tzhclandd 591 26 september 2018
Parties
Applicant: Sophia Mathayo Simba; 1st Respondent: Equity Bank (T) Ltd; 2nd Respondent: Accurate Recovery and Auctions Ltd; 3rd Respondent: Tegra Trading Co. Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
26 September 2018
Procedural Posture
Misc. Land Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Temporary Injunctions, Restoration of Suit, Preliminary Objection, Dismissal for Want of Prosecution
Source Language
English
Civil Procedure Land Law Temporary Injunctions Restoration of Suit Preliminary Objection Dismissal for Want of Prosecution

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Parties

Sophia Mathayo Simba

Applicant

Equity Bank (T) Ltd

1st Respondent

Accurate Recovery and Auctions Ltd

2nd Respondent

Tegra Trading Co. Ltd

3rd Respondent

Procedural Posture

Misc. Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether an application for temporary injunction can stand without a pending main suit
  2. 2 Whether the application is overtaken by events due to disposal of the subject property
  3. 3 Whether the application contravenes section 102(1) of the Land Registration Act

Ratio Decidendi

The application for temporary injunction is incompetent because it was filed when there was no pending main suit, as required by Order XXXVII Rule 1(a) and 2 of the Civil Procedure Code. An application for restoration of a dismissed suit cannot serve as the basis for an interim injunction.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out for want of a subsisting/pending main suit as required by Order XXXVII Rule 1(a), (b), and Rule 2(1) of the Civil Procedure Code, Cap 33 R.E. 2019.
  • Costs awarded to the respondents.