20150703 TZHC Iringa

The applicant demonstrated sufficient grounds for a temporary injunction as the respondent was unfairly benefiting from the land and there was a risk of sale or tampering with the disputed property while the matter was pending. No injustice would be caused to the respondent by granting the injunction.

Citation: 20150703 TZHC Iringa
Parties: Applicant: Athumani Sadala; Respondent: Athumani Mfilima
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 3 July 2015
Procedural Posture: Miscellaneous Land Application / Ruling on Application for Temporary Injunction Pending Determination of Application for Leave to Appeal Out of Time
Outcome: Application for temporary injunction granted.
Legal Topics: Temporary Injunction, Extension of Time, Appeal Process, Conflict of Interest
Source Language: English

Civil Procedure Land Law Temporary Injunction Extension of Time Appeal Process Conflict of Interest

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Parties

Athumani Sadala

Applicant

Athumani Mfilima

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction Pending Determination of Application for Leave to Appeal Out of Time

Legal Issues

1 Whether the applicant has shown sufficient reasons for the grant of 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

Ratio Decidendi

Court Disposition

Application for temporary injunction granted.

Orders

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