20151207 TZHC Dodoma 1
The applicant failed to satisfy the conditions necessary for issuance of injunctive orders as the demolition had already occurred, the property remaining was trivial, and monetary compensation was available as a remedy.
- Citation
- 20151207 TZHC Dodoma 1
- Parties
- Applicant: Aristides Leonard Mramba; 1st Respondent: Samson E. Magesa; 2nd Respondent: Majembe Auction Mart and Court Brokers Co. Ltd
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 December 2015
- Procedural Posture
- Misc. Land Case Application / Ruling on Application for Injunctive Orders
- Outcome
- Application dismissed with costs.
- Legal Topics
- Temporary Injunctions, Execution of Decree, Irreparable Loss, Triable Issues
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Aristides Leonard Mramba
Applicant
Samson E. Magesa
1st Respondent
Majembe Auction Mart and Court Brokers Co. Ltd
2nd Respondent
Procedural Posture
Misc. Land Case Application / Ruling on Application for Injunctive Orders
Legal Issues
- 1 Whether the applicant is entitled to injunctive orders restraining respondents from demolishing structures on the suit land
- 2 Whether there are triable issues justifying injunctive relief
- 3 Whether the applicant will suffer irreparable loss if injunction is not granted
Ratio Decidendi
The applicant failed to satisfy the conditions necessary for issuance of injunctive orders as the demolition had already occurred, the property remaining was trivial, and monetary compensation was available as a remedy.
Court Disposition
Application dismissed with costs.
Orders
- Application dismissed with costs.
Full Case Text
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