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The applicants are seeking the following interim relief- “Pending determination of this matter, the Applicant (sic) is granted the following relief- 1. Upon service of this Provisional Order 1st Respondent be and is hereby ordered to return 1st Applicant’s police clearance certificate seized at Kurima House on 4th March 2017. 2. Upon service of this Provisional Order 1st Respondent be and is hereby ordered to return 1st Applicant’s vehicle registration book seized at Kurima House on4th March 2017. 3. Upon service of this Provisional Order 1st Respondent’s directive for the 1st Applicant to surrender her Toyota Land Cruiser vehicle be... More

The applicant approached this court for the relief of a declaratur. The relief sought is couched in the draft order as follows: “IT IS HEREBY ORDERED THAT: - 1. Stand number 145 on the Remaining Extent of Saturday Retreat Farm, be and is hereby declared to belong to the Applicant. 2. The 2nd Respondent be and is hereby ordered to pay costs of this Application on an Attorney-Client Scale.” More

After hearing counsel we allowed the appeal on the turn. Counsel for the appellant has requested that we provide our reasons in writing for this decision in light of the peculiar facts of this case and its wider impact on similar situations for the issues arising from a charge under s 79 of the Criminal Law (Codification and Reform) Act [Chapter 9:23](“the Criminal Law Code”). More

The applicant has approached this court for an order in the following terms:- 1. It is declared that the lease agreement between the applicant and respondent dated 16 April 2007 in respect of 5 Martin Drive Msasa does not confer upon respondent any option to renew the lease. 2. The respondent shall pay the costs of this application in the event of it being opposed by the respondent More

This is a doubled barreled application for condonation for the late filing of an application for rescission of judgment as well as the actual application for rescission of the default judgment in question. Inevitably, the outcome of the first determines whether the second will proceed or not. Both applications are opposed. I dismissed bothex-tempore and these are the reasons following the request by the applicants. The application is best appreciated within the context of its brief factual background. The summarized narrative is that applicants, a duly incorporated Company, in the fuel business entered into a fuel deal with the respondent.... More