The parties to this suit were co-owners of a mining licence
issued by the Ministry of Energy and Mining relating to a plot situated at
Mererani in Simanjiro District, Arusha Region. Prior to filing the suit in the
High Court, the Respondent filed a suit in the District Court of Manyara at
Babati. He sought an injunction order to restrain the Defendants/Appellants
from continuing with the mining operation. The said order was granted ex
parte by the District Court. However, after hearing the application inter
parties the Court’s decision was that both parties should continue with the
mining operations. After the restraining order, the Respondent/Plaintiff filed
a suit on the same claim in the High Court, the decision of which has led to
this appeal.