20130306 TZHC Dar es Salaam

20130306 TZHC Dar es Salaam

After expiry of the statutory period for injunction, the party in whose favour it was granted must apply for renewal; without such renewal, the injunction lapses and the court cannot restore possession based on an expired order.

Citation
20130306 TZHC Dar es Salaam
Parties
Plaintiffs: Gerald Sebastian Magashi & 20 Others; Defendant: Tanzania Building Agency
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 March 2013
Procedural Posture
Land Case / Interlocutory Application for Restoration of Possession/status Quo Pending Suit
Outcome
Application for restoration of possession/status quo denied.
Legal Topics
Temporary Injunctions, Eviction, Restoration of Possession, Abuse of Court Process
Source Language
English
Civil Procedure Land Law Temporary Injunctions Eviction Restoration of Possession Abuse of Court Process

Case Brief

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Parties

Gerald Sebastian Magashi & 20 Others

Plaintiffs

Tanzania Building Agency

Defendant

Procedural Posture

Land Case / Interlocutory Application for Restoration of Possession/status Quo Pending Suit

Legal Issues

  1. 1 Whether plaintiffs should be restored to possession of suit premises pending determination of the suit
  2. 2 Whether eviction without a court order during pendency of suit constitutes abuse of process

Ratio Decidendi

After expiry of the statutory period for injunction, the party in whose favour it was granted must apply for renewal; without such renewal, the injunction lapses and the court cannot restore possession based on an expired order.

Court Disposition

Application for restoration of possession/status quo denied.

Orders

  • Plaintiffs' prayer to be restored to possession is not granted.
  • Plaintiffs advised to take proper course as per law.