usangu logistics t ltd vs t national road agency another 2011 tzhccomd 2090 7 june 2011

usangu logistics t ltd vs t national road agency another 2011 tzhccomd 2090 7 june 2011

The application is incompetent because it was based on a wrong legal foundation, citing an irrelevant provision (section 2(3) of the Judicature and Application of Laws Act) instead of the proper enabling provisions (Order 37 Rule 1(b) and 2(1) of the Civil Procedure Code) for a temporary injunction.

Citation
usangu logistics t ltd vs t national road agency another 2011 tzhccomd 2090 7 june 2011
Parties
Applicant: Usangu Logistics (T) Ltd; 1st Respondent: Tanzania National Roads Agency; 2nd Respondent: The Hon. Attorney General
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
7 June 2011
Procedural Posture
Chamber Application (commercial Case) / Ruling on Preliminary Objection
Outcome
application struck out with costs
Legal Topics
Temporary Injunctions, Wrong Citation of Law, Preliminary Objection, Competence of Application
Source Language
English
Civil Procedure Commercial Law Temporary Injunctions Wrong Citation of Law Preliminary Objection Competence of Application

Case Brief

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Parties

Usangu Logistics (T) Ltd

Applicant

Tanzania National Roads Agency

1st Respondent

The Hon. Attorney General

2nd Respondent

Procedural Posture

Chamber Application (commercial Case) / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is competent in law given the citation of section 2(3) of the Judicature and Application of Laws Act instead of the relevant provisions of the Civil Procedure Code for a temporary injunction

Ratio Decidendi

The application is incompetent because it was based on a wrong legal foundation, citing an irrelevant provision (section 2(3) of the Judicature and Application of Laws Act) instead of the proper enabling provisions (Order 37 Rule 1(b) and 2(1) of the Civil Procedure Code) for a temporary injunction.

Court Disposition

application struck out with costs

Orders

  • preliminary objection sustained
  • application struck out with costs