20120906 TZHC Mwanza

20120906 TZHC Mwanza

The applicant established a prima facie case, risk of irreparable injury if construction continues, and the balance of convenience favors granting the injunction to preserve the status quo pending determination of the main suit.

Citation
20120906 TZHC Mwanza
Parties
Applicant: Senoil Limited; 1st Respondent: Mwanza City Council; 2nd Respondent: Dolphin Tours and Safaris Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 September 2012
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application for temporary injunction granted.
Legal Topics
Temporary Injunction, Land Ownership Dispute, Irreparable Injury, Balance of Convenience
Source Language
English
Land Law Civil Procedure Temporary Injunction Land Ownership Dispute Irreparable Injury Balance of Convenience

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Parties

Senoil Limited

Applicant

Mwanza City Council

1st Respondent

Dolphin Tours and Safaris Limited

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the second respondent from developing, alienating, or disposing of Plot No 3 Mkuyuni New Industrial area pending determination of the main suit

Ratio Decidendi

The applicant established a prima facie case, risk of irreparable injury if construction continues, and the balance of convenience favors granting the injunction to preserve the status quo pending determination of the main suit.

Court Disposition

Application for temporary injunction granted.

Orders

  • Temporary injunction restraining the second respondent from developing, alienating, or disposing of Plot No 3 Mkuyuni New Industrial area pending determination of the main suit.
  • Costs to be in the cause.