20091210 TZHC Dar es Salaam

20091210 TZHC Dar es Salaam

Given the urgency and risk of irreparable loss to the applicant if the property is transferred, and the absence of corresponding harm to the respondents, a temporary restraining order is justified pending hearing and determination of the revision.

Citation
20091210 TZHC Dar es Salaam
Parties
Applicant: Maines Kiputa; Respondent: Adson Iputa & 8 Others; 10th Respondent (buyer): Ernest Theobaid Mallya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 December 2009
Procedural Posture
Civil Revision / Interlocutory Application for Temporary Injunction and Joinder
Outcome
Temporary restraining order granted; joinder application deferred.
Legal Topics
Interlocutory Injunction, Transfer of Property, Joinder of Parties
Source Language
English
Civil Procedure Property Law Interlocutory Injunction Transfer of Property Joinder of Parties

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Parties

Maines Kiputa

Applicant

Adson Iputa & 8 Others

Respondent

Ernest Theobaid Mallya

10th Respondent (buyer)

Procedural Posture

Civil Revision / Interlocutory Application for Temporary Injunction and Joinder

Legal Issues

  1. 1 Whether to grant a temporary restraining order against transfer of property pending revision
  2. 2 Whether to join the buyer as a party to the revision

Ratio Decidendi

Given the urgency and risk of irreparable loss to the applicant if the property is transferred, and the absence of corresponding harm to the respondents, a temporary restraining order is justified pending hearing and determination of the revision.

Court Disposition

Temporary restraining order granted; joinder application deferred.

Orders

  • Registrar of Titles temporarily restrained from transferring title in respect of Plot No. 504 Block BB within Morogoro township pending hearing and determination of the revision.
  • Application for joinder of buyer to await hearing of the revision; applicant to amend chamber summons and serve respondents.