After 6 Months: The Legal Fate of Temporary Injunctions in Tanzania

Q84A. Scenario: Upanga Logistics Ltd, a warehousing company operating in Dar es Salaam, entered into a written storage agreement with Mr. Daniel Mrema, a trader dealing in imported electronics.

Under the agreement, Mr. Mrema stored a large consignment of goods (televisions, refrigerators, and mobile phones) at the company’s warehouse situated at Kisutu. He was required to pay monthly storage charges.

After several months, Mr. Mrema defaulted on payment, and the storage charges accumulated significantly. Fearing that the company would dispose of his goods, Mr. Mrema instituted a civil suit at the Resident Magistrate’s Court of Dar es Salaam at Kisutu. Alongside the suit, he filed an application for a temporary injunction restraining Upanga Logistics Ltd from selling or otherwise disposing of the goods.

The court granted the temporary injunction.

However, the main suit was not concluded within six (6) months, and no application for extension of the injunction was made. Consequently, six months elapsed.

Thereafter, Upanga Logistics Ltd issued a public notice of sale by auction and proceeded to sell the goods in order to recover the unpaid storage charges.

Aggrieved, Mr. Mrema: Seeks to enforce or revive the injunction, and files an application to cite the company for contempt of court.

1. Is the temporary injunction still enforceable after six months?
2. What legal procedure should Mr. Mrema take in the circumstances?
3. If the goods have already been sold, was the company in contempt of court?
4. How should Upanga Logistics Ltd respond to the contempt application?

1. Whether the injunction is still enforceable

The temporary injunction is NOT enforceable after six months. Under Order XXXVII Rule 3 of the Civil Procedure Code (Cap 33 R.E. 2023):

• A temporary injunction automatically lapses after six (6) months unless extended before expiry.
• Once lapsed, it becomes null and void by operation of law.

This principle has been affirmed in:

John Joseph Magazeti and Others vs Gabriel Mushi @ Gabriel Stephen Masha and Others (Misc. Civil Application 43 of 2019) [2020] TZHC 169 (26 February 2020)

Therefore, after six months, the injunction ceased to exist and is no longer enforceable.

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2. Proper legal procedure Mr. Mrema should take

Since the injunction has lapsed, Mr. Mrema cannot revive or extend it.

The correct procedure is:

• File a fresh application for a temporary injunction under Order XXXVII
• Support it with an affidavit showing: A prima facie case, Likelihood of irreparable harm and Balance of convenience in his favor

Also, he must disclose the existence of the previous injunction, explain why it was not extended within time. The court will treat the application as entirely new

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3. Whether the company is in contempt of court

Upanga Logistics Ltd is NOT in contempt of court.

Reason:

• Contempt requires:
• A valid and subsisting court order
• Willful disobedience
• In this case:
• The injunction had already expired after six months
• Therefore, there was no existing order to disobey

Actions taken after lapse are lawful and justified

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4. Company’s response to contempt application

Upanga Logistics Ltd should take the following steps:

(a) Raise a Preliminary Objection

Argue that:

• The contempt application is incompetent
• There was no subsisting court order at the time of sale

(b) File a Counter-Affidavit

State that:

• The injunction lapsed automatically
• The sale was conducted after expiry
• There was no disobedience

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(c) Rely on case law

Cite:

• John Joseph Magazeti and Others vs Gabriel Mushi @ Gabriel Stephen Masha and Others (Misc. Civil Application 43 of 2019) [2020] TZHC 169 (26 February 2020)

To support that:

• A lapsed injunction is non-existent
• Contempt cannot arise without a valid order

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(d) Pray for dismissal

Request the court to:

• Dismiss the application with costs

Declare it an abuse of court process

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