uhuru hospital limited vs national health insurance fund two others 2022 tzhc 14482 7 november 2022

uhuru hospital limited vs national health insurance fund two others 2022 tzhc 14482 7 november 2022

Misjoinder of parties does not vitiate the application; the application for maintenance of status quo was properly before the court; however, the applicant failed to demonstrate irreparable loss as the subject matter is money, which can be remedied by damages, and thus the application fails as all three conditions for maintenance of status quo must be met cumulatively.

Citation
uhuru hospital limited vs national health insurance fund two others 2022 tzhc 14482 7 november 2022
Parties
Applicant: Uhuru Hospital Limited; 1st Respondent: National Health Insurance Fund; 2nd Respondent: Attorney General; 3rd Respondent: Solicitor General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 November 2022
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objections and Application
Outcome
Application struck out
Legal Topics
Preliminary Objection, Misjoinder of Parties, Maintenance of Status Quo, Temporary Injunction, Breach of Contract
Source Language
English
Civil Procedure Government Proceedings Contract Law Preliminary Objection Misjoinder of Parties Maintenance of Status Quo Temporary Injunction Breach of Contract

Case Brief

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Parties

Uhuru Hospital Limited

Applicant

National Health Insurance Fund

1st Respondent

Attorney General

2nd Respondent

Solicitor General

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections and Application

Legal Issues

  1. 1 Whether joining the Solicitor General as a respondent renders the application bad in law
  2. 2 Whether the court was properly moved to grant the prayers sought
  3. 3 Whether the application for maintenance of status quo is meritorious

Ratio Decidendi

Misjoinder of parties does not vitiate the application; the application for maintenance of status quo was properly before the court; however, the applicant failed to demonstrate irreparable loss as the subject matter is money, which can be remedied by damages, and thus the application fails as all three conditions for maintenance of status quo must be met cumulatively.

Court Disposition

Application struck out

Orders

  • Name of Solicitor General as 3rd Respondent struck out
  • No order as to costs