athumani sadala vs athumani mfilima 2015 tzhclandd 15 3 july 2015

athumani sadala vs athumani mfilima 2015 tzhclandd 15 3 july 2015

The applicant demonstrated sufficient reasons for a temporary injunction as the respondent was unfairly benefiting from the land and there was a likelihood of tampering with the land by sale while the matter was pending. No injustice would be occasioned to the respondent by granting the injunction.

Source-derived case information.

Citation
athumani sadala vs athumani mfilima 2015 tzhclandd 15 3 july 2015
Parties
Applicant: Athumani Sadala; Respondent: Athumani Mfilima
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
3 July 2015
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application granted
Legal Topics
Temporary Injunction, Extension of Time, Land Ownership Dispute
Source Language
english
Land Law Civil Procedure Temporary Injunction Extension of Time Land Ownership Dispute

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Summary, issues, holding and outcome

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Parties

Athumani Sadala

Applicant

Athumani Mfilima

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 the respondent from using or selling the disputed land pending determination of the application for leave to appeal out of time and intended appeal

Ratio Decidendi

The applicant demonstrated sufficient reasons for a temporary injunction as the respondent was unfairly benefiting from the land and there was a likelihood of tampering with the land by sale while the matter was pending. No injustice would be occasioned to the respondent by granting the injunction.

Court Disposition

Application granted

Orders

  • Temporary injunction restraining the respondent or his agents, workmen, or assignees from using or selling the suit land until disposal of the pending application for leave to appeal out of time.
  • Each party to bear its own costs.