Augustino Lyatonga Mrema and 2 Others versus Abdallah Majengo and 2 Others

Augustino Lyatonga Mrema and 2 Others versus Abdallah Majengo and 2 Others; Civil Appeal No. 41 of 1999: Court of Appeal of Tanzania (Unreported).

  • Injunction – Interim injunction granted without giving notice to the other party – Whether proper.

Held:-

The requirement to give notice under Order 39 Rule 4 is mandatory and it cannot be disputed that the onus of satisfying the court that there is a good cause for dispensing with it will lie with the applicant. Without the applicant satisfying the court as to the necessity of dispensing with the notice under exception to Order 39 Rule 4, the Court has no power to grant ex parte the injunction.

Download the Full Document Below

Login or Register To Download
Case Categories: