19990806 TZHC Dar es Salaam2 1

The applicant's alleged loss is compensable by damages if he succeeds, and the agreement allowing occupation has been rescinded; thus, criteria for granting a temporary injunction are not met.

Citation: 19990806 TZHC Dar es Salaam2 1
Parties: Plaintiff: Development Ltd; Respondent: Dar es Salaam City
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 6 August 1999
Procedural Posture: Civil Case / Ruling on Interlocutory Application for Temporary Injunction
Outcome: Application for temporary injunction dismissed
Legal Topics: Temporary Injunction, Eviction, Restoration of Possession
Source Language: English

Civil Procedure Property Law Temporary Injunction Eviction Restoration of Possession

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Parties

Development Ltd

Plaintiff

Dar es Salaam City

Respondent

Procedural Posture

Civil Case / Ruling on Interlocutory Application for Temporary Injunction

Legal Issues

1 Whether the applicant is entitled to a temporary injunction restraining eviction pending determination of the suit
2 Whether the applicant's loss is irreparable and cannot be compensated by damages

Ratio Decidendi

The applicant's alleged loss is compensable by damages if he succeeds, and the agreement allowing occupation has been rescinded; thus, criteria for granting a temporary injunction are not met.

Court Disposition

Application for temporary injunction dismissed

Orders

Temporary injunction refused
Costs to be in the cause