amil al bhaloo another vs ahmed bora 2004 tzhc 36 23 june 2004

The application for mandatory injunction stands unopposed due to respondent's failure to file submissions; circumstances justify restoration of property to applicant pending final determination.

Citation: amil al bhaloo another vs ahmed bora 2004 tzhc 36 23 june 2004
Parties: Applicant: Amil A.L. Bhaloo; Applicant: Rosemin A.A. Bhaloo; Respondent: Ahmed Bora
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 23 June 2004
Procedural Posture: Civil / Interlocutory Application for Injunction
Outcome: application allowed with costs
Legal Topics: Mandatory Injunction, Temporary Injunction, Restoration of Possession, Status Quo, Failure to File Submissions
Source Language: English

Property Law Civil Procedure Mandatory Injunction Temporary Injunction Restoration of Possession Status Quo Failure to File Submissions

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Parties

Amil A.L. Bhaloo

Applicant

Rosemin A.A. Bhaloo

Applicant

Ahmed Bora

Respondent

Procedural Posture

Civil / Interlocutory Application for Injunction

Legal Issues

1 Whether a mandatory injunction should be granted to restore possession of property to the applicant pending final determination of the suit
2 Whether the respondent should be restrained from committing waste, damage, alienation, or continued use of the property

Ratio Decidendi

The application for mandatory injunction stands unopposed due to respondent's failure to file submissions; circumstances justify restoration of property to applicant pending final determination.

Court Disposition

application allowed with costs

Orders

Property to be restored forthwith to the plaintiff.
Costs awarded to applicant.