adam samwel mirambo versus peter peterjunior 2023 tzhclandd 17081 19 october 2023

adam samwel mirambo versus peter peterjunior 2023 tzhclandd 17081 19 october 2023

The applicant satisfied the conditions for granting an interlocutory injunction as there is a triable issue regarding ownership of the land, a likelihood of irreparable harm if the injunction is not granted, and the balance of convenience favors the applicant.

Citation
adam samwel mirambo versus peter peterjunior 2023 tzhclandd 17081 19 october 2023
Parties
Applicant: Adam Samwel Mirambo; Respondent: Peter Peter Junior
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
19 October 2023
Procedural Posture
Miscellaneous Land Application / Interlocutory Application for Injunction
Outcome
Application allowed with costs
Legal Topics
Interlocutory Injunction, Land Ownership Dispute, Balance of Convenience, Irreparable Harm
Source Language
English
Civil Procedure Land Law Interlocutory Injunction Land Ownership Dispute Balance of Convenience Irreparable Harm

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Adam Samwel Mirambo

Applicant

Peter Peter Junior

Respondent

Procedural Posture

Miscellaneous Land Application / Interlocutory Application for Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to an interlocutory injunction restraining the respondent from dealing with the disputed land pending determination of the main suit

Ratio Decidendi

The applicant satisfied the conditions for granting an interlocutory injunction as there is a triable issue regarding ownership of the land, a likelihood of irreparable harm if the injunction is not granted, and the balance of convenience favors the applicant.

Court Disposition

Application allowed with costs

Orders

  • Respondent, their agents, or any person acting under their directions are restrained from alienating, dividing, or disposing of any piece of land in the 18 acres disputed land at Mapinga Area, Bagamoyo, pending hearing and determination of the main suit (Land Case No. 281 of 2023)