ally omari abdi vs amina khalile ally 2020 tzhc 1089 29 may 2020

ally omari abdi vs amina khalile ally 2020 tzhc 1089 29 may 2020

The applicant satisfied the conditions for a temporary injunction by demonstrating a prima facie case, risk of irreparable loss, and that the balance of convenience favored him; thus, the respondent is restrained from interfering with the applicant's enjoyment of the property pending the main suit.

Source-derived case information.

Citation
ally omari abdi vs amina khalile ally 2020 tzhc 1089 29 may 2020
Parties
Applicant: Ally Omari Abdi; Respondent: Amina Khalile Ally
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 May 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction Pending Main Suit
Outcome
Application granted
Legal Topics
Temporary Injunction, Specific Performance, Rectification of Land Register, Ownership Dispute
Source Language
english
Civil Procedure Land Law Temporary Injunction Specific Performance Rectification of Land Register Ownership Dispute

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Parties

Ally Omari Abdi

Applicant

Amina Khalile Ally

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the respondent from interfering with the applicant's enjoyment of the disputed property pending determination of the main suit

Ratio Decidendi

The applicant satisfied the conditions for a temporary injunction by demonstrating a prima facie case, risk of irreparable loss, and that the balance of convenience favored him; thus, the respondent is restrained from interfering with the applicant's enjoyment of the property pending the main suit.

Court Disposition

Application granted

Orders

  • Status quo to be maintained.
  • Respondent, her servants, agents, workmen or persons acting on her instructions are restrained from interfering with the applicant's peaceful enjoyment of the premises pending determination of the main suit.