alakaai alaunoni laizer vs zephania chaula and 6 others 2021 tzhc 7659 13 december 2021

alakaai alaunoni laizer vs zephania chaula and 6 others 2021 tzhc 7659 13 december 2021

Applicant failed to demonstrate irreparable injury and balance of convenience favors respondents; injury alleged is compensable by damages; no danger of land being wasted or alienated to warrant court interference.

Citation
alakaai alaunoni laizer vs zephania chaula and 6 others 2021 tzhc 7659 13 december 2021
Parties
Applicant: Alakaai Alaunoni Laizer; 1st Respondent: Zephania Chau La; 2nd Respondent: Rosemary Disckson; 3rd Respondent: Tumaini Lukumay; 4th Respondent: Isaya Kimai; 5th Respondent: Agness Gabriel; 6th Respondent: William Njike; 7th Respondent: Lota Sariwaki Njoke
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 December 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application dismissed with costs.
Legal Topics
Temporary Injunction, Land Ownership, Balance of Convenience, Irreparable Injury
Source Language
English
Civil Procedure Land Law Temporary Injunction Land Ownership Balance of Convenience Irreparable Injury

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Parties

Alakaai Alaunoni Laizer

Applicant

Zephania Chau La

1st Respondent

Rosemary Disckson

2nd Respondent

Tumaini Lukumay

3rd Respondent

Isaya Kimai

4th Respondent

Agness Gabriel

5th Respondent

William Njike

6th Respondent

Lota Sariwaki Njoke

7th 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 respondents from interfering with the suit land pending determination of Land Case No. 13 of 2021

Ratio Decidendi

Applicant failed to demonstrate irreparable injury and balance of convenience favors respondents; injury alleged is compensable by damages; no danger of land being wasted or alienated to warrant court interference.

Court Disposition

Application dismissed with costs.

Orders

  • Temporary injunction not granted.
  • Application dismissed with costs.