ibrahim twahili kusundwa others vs crdb bank ltd alias crdb babk plc others 2018 tzhclandd 415 24 july 2018

ibrahim twahili kusundwa others vs crdb bank ltd alias crdb babk plc others 2018 tzhclandd 415 24 july 2018

The application for temporary injunction became incompetent upon amendment of the main suit's plaint, and the court cannot amend or allow withdrawal of an incompetent application.

Citation
ibrahim twahili kusundwa others vs crdb bank ltd alias crdb babk plc others 2018 tzhclandd 415 24 july 2018
Parties
1st Applicant: Ibrahim Twahili Kusundwa; 2nd Applicant: The Administrator of the Estate of the Late Twahili Selemani Kusundwa; 1st Respondent: CRDB Bank Limited alias CRDB Bank PLC; 2nd Respondent: MEM Auctioneers and General Brokers Ltd; 3rd Respondent: Epimaki S. Makoi; 4th Respondent: Fri A. Mushi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
24 July 2018
Procedural Posture
Miscellaneous Application for Temporary Injunction / Ruling on Competence of Application
Outcome
Application struck out with costs
Legal Topics
Temporary Injunction, Amendment of Pleadings, Competence of Application
Source Language
English
Civil Procedure Land Law Temporary Injunction Amendment of Pleadings Competence of Application

Case Brief

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Parties

Ibrahim Twahili Kusundwa

1st Applicant

The Administrator of the Estate of the Late Twahili Selemani Kusundwa

2nd Applicant

CRDB Bank Limited alias CRDB Bank PLC

1st Respondent

MEM Auctioneers and General Brokers Ltd

2nd Respondent

Epimaki S. Makoi

3rd Respondent

Fri A. Mushi

4th Respondent

Procedural Posture

Miscellaneous Application for Temporary Injunction / Ruling on Competence of Application

Legal Issues

  1. 1 Whether the application for temporary injunction is competent after amendment of the main suit's plaint
  2. 2 Whether an incompetent application can be amended or withdrawn

Ratio Decidendi

The application for temporary injunction became incompetent upon amendment of the main suit's plaint, and the court cannot amend or allow withdrawal of an incompetent application.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs