amin g manji another vs desdery binamungu others 2018 tzhclandd 385 8 june 2018

amin g manji another vs desdery binamungu others 2018 tzhclandd 385 8 june 2018

The applicants satisfied the conditions for a temporary injunction as there is a serious question to be tried, potential for irreparable injury, and the balance of hardship favors the applicants. The court cannot prejudge ownership at this stage.

Source-derived case information.

Citation
amin g manji another vs desdery binamungu others 2018 tzhclandd 385 8 june 2018
Parties
Applicant: Amin G. Manji; Applicant: Ally Abdallah Hamed; Respondent: Desdery Binamungu; Respondent: Marwa Muhoni; Respondent: Julius Shahidi; Respondent: Imani Madega
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
8 June 2018
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application granted
Legal Topics
Temporary Injunction, Irreparable Injury, Balance of Convenience
Source Language
english
Civil Procedure Land Law Temporary Injunction Irreparable Injury Balance of Convenience

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Parties

Amin G. Manji

Applicant

Ally Abdallah Hamed

Applicant

Desdery Binamungu

Respondent

Marwa Muhoni

Respondent

Julius Shahidi

Respondent

Imani Madega

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicants are entitled to a temporary injunction restraining the respondents from interfering with the suit premises pending determination of the main suit

Ratio Decidendi

The applicants satisfied the conditions for a temporary injunction as there is a serious question to be tried, potential for irreparable injury, and the balance of hardship favors the applicants. The court cannot prejudge ownership at this stage.

Court Disposition

Application granted

Orders

  • Temporary injunction restraining all parties from wasting, damaging, alienating, causing loss, disposing, threatening, or continuing construction on Farm No. 932 Mapinga Block at Bagamoyo Urban Area for six months.
  • Costs in due cause.