NA TZHC Dar es Salaam3 2
The application is incompetent as against the first respondent and cannot be granted against the second respondent due to intertwined interests; application dismissed with costs.
Source-derived case information.
- Citation
- NA TZHC Dar es Salaam3 2
- Parties
- Applicant: Athur Aloys Mwaipenda; Respondent: Commissioner for Lands; Respondent: Dar es Salaam City Council
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 1995
- Procedural Posture
- Civil / Interlocutory Application Ruling
- Outcome
- application dismissed
- Legal Topics
- Injunction, Land Ownership, Preliminary Objection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Athur Aloys Mwaipenda
Applicant
Commissioner for Lands
Respondent
Dar es Salaam City Council
Respondent
Procedural Posture
Civil / Interlocutory Application Ruling
Legal Issues
- 1 Whether the applicant is entitled to temporary injunction restraining respondents from subdividing or revoking title to the suit land
- 2 Whether the application is competent against the respondents
Ratio Decidendi
The application is incompetent as against the first respondent and cannot be granted against the second respondent due to intertwined interests; application dismissed with costs.
Court Disposition
application dismissed
Orders
- application dismissed with costs
Full Case Text
Judgment text and source record
1 paragraphs
IN THE "HIGH COURT OF TANZANIA . · .....AT DAR ES SALAAM - CIV1L CASE NO. 24~/19~·5 ATH.TJR ALOYS M~lAI'l'ENDA ••• ~ ••••••••••• APPELLANT Versus COiv!t-USSIONER-; FOR. LANDS •••••••••• ~. 1st RESPONDENT DArl ES .SALAAM ·CITY COUNCIL ••••,;.,. •. 2nd RESPONDENT .· 1 .. RULING KYAND0 1J: By,, ...T"""plaint dated the 20th day. of October, 1995, the _._ -applifant/plaintiff has instituted a suit in this court in which he claims to-be the l8wful occupier, since 23.6.86, of Plot_ No. 594, Msasani Beach (Butiama) here in the City of Dar es Salaam. He complt,ins in thG ,suit_ that the respondents/ defendants are interfe_ring with his occupation of the· land by e.g.- nttempting to subdivide it. He prays therefore in that suit for (i) a declaration th~t he is the lawful owner and occupier ·of the plot of land; (ii) a permanent injunction restraining the defendants, their agents, . workmen . or employees from subdividing the plot or 11 eliminating it o:c its part thereof to anybody 11 and (iii) Q permanent injunction restraining the defendants, their agents, workmen or employees from issuing li-- stop orders without reasonable cause and without orders of court. He also claims costs end any other beliefs the court may deem .just to grant. Pending the determination of the suit he has filed this applicntion in which he seeks the fellowing temporary reliefs:- . ( a) A temporary injunction restraining the respondent~/defendants,· their agents or workmen .from subdiving the suit plot of ·land; (b) A temporary injunction restraining the first respondent/defendant, the Commi-- ssioner for lands,· his _agents, workmen or employees from revoking the Certifi- ~ute of Title No, 39100 (the Certificate of Occupanc_y the-applicants says he was ., ... ·./2 ... ~..,,'•~I , 5 - The two points raised by way of a preliminary objection to the a;;:>;)lication therefore arG sustained and the a,:nlication is reject2d for incopetence in so far· as the firs.t respondent is' COUC(:rned. Should the apl)lication be granted as against the second respondent? I note from the pleadings that the interest of the two respondents ,:.:C-E inextricably intert\i..rined •. To grant the application as agaj_nst the• second respondent may therefore have the effect cf granting it as against the first respondent as well. For th(;::Se reas0ns I refuse t•:) grant the application as against the sicand resJondent_ also. ► In the fj_n8.l rcsul t, this application is dismissed, with costs. JUDGE DAR ES SALAAM Certified. True Copy of the Original.