bingelebuhwahwa and 12 others vs halmashauri ya mji wa geita 2024 tzhc 717 11 march 2024

bingelebuhwahwa and 12 others vs halmashauri ya mji wa geita 2024 tzhc 717 11 march 2024

The prayers in the application are interrelated and not incompetent for being omnibus. The affidavit is defective only in part; paragraph 9 is struck out, but remaining paragraphs suffice. Applicants failed to establish a triable issue against the 2nd Respondent, failed to prove irreparable loss, and failed to show balance of convenience favored them. All three conditions for injunction were not met; application dismissed.

Citation
bingelebuhwahwa and 12 others vs halmashauri ya mji wa geita 2024 tzhc 717 11 march 2024
Parties
Applicant: Bingele Buhwahwa and 12 Others; 1st Respondent: Halmasauri ya Mji wa Geita; 2nd Respondent: Board of Trustees of CCM Party; 3rd Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 March 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Injunction Application and Preliminary Objections
Outcome
Application dismissed
Legal Topics
Injunctions, Omnibus Applications, Affidavit Defects, Land Ownership, Compensation
Source Language
English
Civil Procedure Land Law Injunctions Omnibus Applications Affidavit Defects Land Ownership Compensation

Case Brief

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Parties

Bingele Buhwahwa and 12 Others

Applicant

Halmasauri ya Mji wa Geita

1st Respondent

Board of Trustees of CCM Party

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Injunction Application and Preliminary Objections

Legal Issues

  1. 1 Whether the application is incompetent for being omnibus
  2. 2 Whether the supporting affidavit is defective
  3. 3 Whether the applicants are entitled to a Mareva injunction restraining eviction and construction

Ratio Decidendi

The prayers in the application are interrelated and not incompetent for being omnibus. The affidavit is defective only in part; paragraph 9 is struck out, but remaining paragraphs suffice. Applicants failed to establish a triable issue against the 2nd Respondent, failed to prove irreparable loss, and failed to show balance of convenience favored them. All three conditions for injunction were not met; application dismissed.

Court Disposition

Application dismissed

Orders

  • Paragraph 9 of affidavit struck out
  • No order as to costs