20131211 TZHC Dar es Salaam1

20131211 TZHC Dar es Salaam1

The applicants' claims are essentially for monetary compensation, which is reparable and can be addressed if they succeed in the main suit. The balance of convenience and public interest favor allowing the public project to proceed. The principles for granting an injunction are not fully satisfied, particularly irreparability and balance of convenience.

Citation
20131211 TZHC Dar es Salaam1
Parties
Applicants/plaintiffs: Abdallah A. Mkongo, Jumbe T. Lilla, Hussein A. Batenga, Athman O. Kawaga & 81 Others; Respondents/defendants: The Director General, Tanzania Building Agency; The Permanent Secretary, Ministry of Infrastructure Development; The Permanent Secretary, Ministry of Land & Human Settlement Development; Hon. Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 December 2013
Procedural Posture
Land Case / Ruling on Application for Temporary Injunction Pending Main Suit
Outcome
Application dismissed
Legal Topics
Temporary Injunction, Compulsory Acquisition, Compensation for Land, Public Interest, Balance of Convenience
Source Language
English
Land Law Civil Procedure Constitutional Law Temporary Injunction Compulsory Acquisition Compensation for Land Public Interest Balance of Convenience

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Parties

Abdallah A. Mkongo, Jumbe T. Lilla, Hussein A. Batenga, Athman O. Kawaga & 81 Others

Applicants/plaintiffs

The Director General, Tanzania Building Agency; The Permanent Secretary, Ministry of Infrastructure Development; The Permanent Secretary, Ministry of Land & Human Settlement Development; Hon. Attorney General

Respondents/defendants

Procedural Posture

Land Case / Ruling on Application for Temporary Injunction Pending Main Suit

Legal Issues

  1. 1 Whether the applicants are entitled to a temporary injunction restraining the respondents from continuing development on the suit premises pending determination of the main suit
  2. 2 Whether the application is res judicata or an abuse of process
  3. 3 Whether the applicants have satisfied the principles for granting an injunction

Ratio Decidendi

The applicants' claims are essentially for monetary compensation, which is reparable and can be addressed if they succeed in the main suit. The balance of convenience and public interest favor allowing the public project to proceed. The principles for granting an injunction are not fully satisfied, particularly irreparability and balance of convenience.

Court Disposition

Application dismissed

Orders

  • Application for temporary injunction is dismissed
  • Costs to be in the cause