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Tanzania Case Law

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Civil procedure Misc

Misc

The order dismissing the application for temporary injunction was interlocutory and did not finally determine the rights of the parties. Under Section 78(2) of the CPC, such an order is not subject to review. The application for review is incompetent and must be dismissed.

  • Review of interlocutory orders
  • Temporary injunctions
  • Jurisdictional competence
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Civil procedure maulid shaban vs temeke municipal council and another 2020 tzhclandd 113 17 april 2020

maulid shaban vs temeke municipal council and another 2020 tzhclandd 113 17 april 2020

The application for review was dismissed because it was filed against an interlocutory order that did not finally determine the suit, contrary to section 78(2) of the Civil Procedure Code. Additionally, the application was found to be incompetent for non-compliance with procedural requirements regarding the form of the memorandum of review. The court held that the subject matter was not amenable to review and the prayers sought were beyond the scope of review.

  • Review of interlocutory orders
  • Preliminary objections
  • Right to be heard
  • Court procedure
  • Jurisdiction
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