20120518 TZHC Dar es Salaam

.,,,. IN THE HIGH COURT Of TANZANIA

LAND DIVISION

AT DAR ES SALAAM LAND CASE NO. 77 OF 2012 VEDASTUS LUKAGO ........ ............................................ 1 ST APPLICANT RACHEL BENJAMIN .... ~ .............................................. 2ND APPLICANT

VERSUS NATIONAL BANK OF COMMERCE ............................. 1ST RESPONDENT COMRADE AUCTION MART ..................................... 2ND RESPONDENT NY ANDA & COMPANY LTD ...................................... JRD RESPONDENT

RULING B.R. MUTUNGI, J. The prayer of an interim order has been made before me on the eleventh hour upon the submission· by the applicant counsel Mr. Heyera that the same (application for interim - orders) had been filed earlier before Madam Judge Ngwala oh 16/5/2012 who unfortunately due to the other official matters of extreme urgency she could not attend to the filed application. In furtherance to this the learned counsel has Otteched a notice of public auction published in the Guardian Newspaper giving notice of the sale at Mwanza by the first and second Respondent on 19/5/2012. In view of the above prevailing circumstances and for the sake of justice I proceed to grant the applicants an ex-parte interim order pending the determination of the filed application inter-parties upon ··~., service on the Respondents. The exparte interim order is to the effect that the first and second Respondent are restrained temporarily from disposing by way of auction or otherwise the applicants property on plot No. 33 Block Q Uhuru street Mwanza Municipality with CT No. 033021 /17 pending hearing and determination of the application inter-parte. I make no order as to costs. Read this day of 18/5/2012 in the presence of Mr. Hyera (applicants counsel) and in absence of the Respondents (not served). B.R. MUTUNGI

JUDGE 18/5/2012 ORDER: 1. Mention on 21/8/2012 2. All the respondents be served and to appear accordingly. B.R. MUTUNGI

JUDGE 18/5/2012