antony masero maboto vs stella paul hakili 2 others 2022 tzhclandd 258 28 april 2022

antony masero maboto vs stella paul hakili 2 others 2022 tzhclandd 258 28 april 2022

Applicant failed to specifically plead irreparable loss and balance of convenience in the affidavit; only prima facie case was established. Submissions from the bar cannot supplement affidavit evidence. Therefore, the application does not meet all mandatory conditions for temporary injunction.

Citation
antony masero maboto vs stella paul hakili 2 others 2022 tzhclandd 258 28 april 2022
Parties
Applicant: Anthony Masero Maboto; 1st Respondent: Stella Paul Hakili; 2nd Respondent: Josephat Simon Makonda; 3rd Respondent: Dabri Auction Mart Company Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
28 April 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application dismissed without costs
Legal Topics
Temporary Injunction, Ownership Dispute, Eviction, Balance of Convenience
Source Language
English
Civil Procedure Land Law Temporary Injunction Ownership Dispute Eviction Balance of Convenience

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Parties

Anthony Masero Maboto

Applicant

Stella Paul Hakili

1st Respondent

Josephat Simon Makonda

2nd Respondent

Dabri Auction Mart Company Ltd

3rd 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 eviction from Plot No.91 Bahari Beach pending determination of the main suit
  2. 2 Whether the applicant has established prima facie case, irreparable loss, and balance of convenience

Ratio Decidendi

Applicant failed to specifically plead irreparable loss and balance of convenience in the affidavit; only prima facie case was established. Submissions from the bar cannot supplement affidavit evidence. Therefore, the application does not meet all mandatory conditions for temporary injunction.

Court Disposition

Application dismissed without costs

Orders

  • Application for temporary injunction dismissed
  • No order as to costs