20150821 TZHC Dar es Salaam 1

20150821 TZHC Dar es Salaam 1

The application is improperly before the court as it was filed in the wrong registry and fails to satisfy the conditions for temporary injunction established in Attilio v. Mbowe. The applicant's claim lacks merit given prior sale and substantial respondent investment.

Citation
20150821 TZHC Dar es Salaam 1
Parties
Applicant: Benedict Sudi; 1st Respondent: Mwita Marwa Kisigoye; 2nd Respondent: Hosea Wambura; 3rd Respondent: Monica Mbale; 4th Respondent: Wilhelm Sylvester Erio; 5th Respondent: Hemed Abdallah Kilindo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 August 2015
Procedural Posture
Miscellaneous Application / Ruling on Temporary Injunction
Outcome
Application dismissed with costs
Legal Topics
Temporary Injunction, Land Ownership Dispute, Registry Procedure
Source Language
English
Civil Procedure Land Law Temporary Injunction Land Ownership Dispute Registry Procedure

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Parties

Benedict Sudi

Applicant

Mwita Marwa Kisigoye

1st Respondent

Hosea Wambura

2nd Respondent

Monica Mbale

3rd Respondent

Wilhelm Sylvester Erio

4th Respondent

Hemed Abdallah Kilindo

5th Respondent

Procedural Posture

Miscellaneous Application / Ruling on Temporary Injunction

Legal Issues

  1. 1 Whether the application for temporary injunction is maintainable
  2. 2 Whether the applicant has satisfied the conditions for grant of temporary injunction

Ratio Decidendi

The application is improperly before the court as it was filed in the wrong registry and fails to satisfy the conditions for temporary injunction established in Attilio v. Mbowe. The applicant's claim lacks merit given prior sale and substantial respondent investment.

Court Disposition

Application dismissed with costs

Orders

  • Application struck out for improper filing
  • Application dismissed for lack of merit