20161104 TZHC Dar es Salaam

20161104 TZHC Dar es Salaam

Although there are serious triable issues in the main suit, the applicant failed to demonstrate irreparable injury or that the balance of convenience favors granting the injunction, as the alleged losses are quantifiable and claimable in damages, and there is no evidence respondents cannot pay if decreed.

Citation
20161104 TZHC Dar es Salaam
Parties
Applicant: Center Point Limited; 1st Respondent: National Housing Corporation; 2nd Respondent: Kimbembe Auction Mart Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 November 2016
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Restraining Order (injunction) Pending Main Suit
Outcome
Application dismissed with costs.
Legal Topics
Interlocutory Injunctions, Landlord Tenant Disputes, Eviction, Preservation of Property Pending Suit
Source Language
English
Civil Procedure Land Law Interlocutory Injunctions Landlord Tenant Disputes Eviction Preservation of Property Pending Suit

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Parties

Center Point Limited

Applicant

National Housing Corporation

1st Respondent

Kimbembe Auction Mart Ltd

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Restraining Order (injunction) Pending Main Suit

Legal Issues

  1. 1 Whether the applicant is entitled to a restraining order (injunction) against the respondents from reallocating, disposing of, or evicting from the suit premises pending determination of the main suit

Ratio Decidendi

Although there are serious triable issues in the main suit, the applicant failed to demonstrate irreparable injury or that the balance of convenience favors granting the injunction, as the alleged losses are quantifiable and claimable in damages, and there is no evidence respondents cannot pay if decreed.

Court Disposition

Application dismissed with costs.

Orders

  • Application for restraining order is dismissed.
  • Applicant to pay costs.