registered of masjid haq zaid khamsini buguruni vs kambi furahisha others 2018 tzhclandd 96 20 april 2018
Since Land Case No. 20 of 2008 was struck out for want of jurisdiction, there is no pending suit; therefore, the application for temporary injunction must also be struck out.
Source-derived case information.
- Citation
- registered of masjid haq zaid khamsini buguruni vs kambi furahisha others 2018 tzhclandd 96 20 april 2018
- Parties
- Applicant: The Registered Trustees of Masjid Haq Zaidi Khamsini Buguruni; Respondent: Kambi Furahisha & 12 Others
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 20 April 2018
- Procedural Posture
- Miscellaneous Land Application / Ruling
- Outcome
- Application struck out
- Legal Topics
- Temporary Injunction, Jurisdiction, Striking Out Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Registered Trustees of Masjid Haq Zaidi Khamsini Buguruni
Applicant
Kambi Furahisha & 12 Others
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling
Legal Issues
- 1 Whether the application for temporary injunction can be maintained when the main suit has been struck out for want of jurisdiction
Ratio Decidendi
Since Land Case No. 20 of 2008 was struck out for want of jurisdiction, there is no pending suit; therefore, the application for temporary injunction must also be struck out.
Court Disposition
Application struck out
Orders
- Application struck out with no order as to costs
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA (LAND DIVISION) AT PAR ES SALAAM MISC. LAND APPL. NO.888 OF 2017 THE REGISTERED TRUSTEES OF MASJID HAQ ZAIDI KHAMSINI BUGURUNI..................................................... APPLICANT VERSUS KAMBI FURAHISHA& 12 OTHERS............................................RESPONDENT RULING Date of last order: 09/03/2018 Date of Ruling: 20/04/2018 S.A.N. WAMBURA J: The applicant The Registered Trustees of Masjid Haq Zaidi Khamsini Buguruni filed this application under Order XXXVII Rule 1(a) and (b) of the Civil Procedure Code Cap. 33 R.E 2002, together with any other provisions of the law praying for the following orders:- (a) That the Honourable Court may be pleased to issue an order for temporary injunction to be issued RESTRAIN the Respondents with their/workmen to proceed with the construction of Mosque over the land situated on Plots Nos. 278, 279 and 280 Block “A” Buguruni llala Municipality pending determination of Land Case No 20 of 2008. (b) An interim Order of temporary injunction to retrain the Respondents or agents, workmen or servants from enforcing any l transactions concerning with the Land situated on Plots Nos. 279 and 280 Block “A” Buguruni, //a/a Municipality, Dares Salaam City pending determination of Land Case No. 20 of 2008. (c) Costs of this Application be provided for. (d) Any other Order that this honourable Court may deem just and fit to grant. The application was supported by the affidavit affirmed one Ally Nassoro Semboga. The applicant was represented by Mr. Matumla Advocate whereas the respondents enjoyed the legal services of Mr. Nassoro Advocate. Since Land case No 20 of 2008 which was filed by the applicants has been struck out for want of jurisdiction, this application also fails as there is no pending case before this court. In the circumstances, the application is accordingly struck out with no Order as to costs.