MCHAWA SAFII

MCHAWA SAFII

The applicant established a prima facie case regarding ownership of the disputed property, demonstrated a likelihood of suffering irreparable loss if the property is auctioned, and the balance of convenience favors her as she and her children reside in the property. All conditions for a temporary injunction were met, warranting the grant of the application.

Citation
MCHAWA SAFII
Parties
Applicant: Doreen Alphonce Mchawa; 1st Respondent: The Attorney General; 2nd Respondent: Commissioner for Lands; 3rd Respondent: The Registrar of Titles; 4th Respondent: Mohamed Abillah Mkanje; 5th Respondent: Equity Bank Tanzania Limited; 6th Respondent: Leonia Paulo Lengwana; 7th Respondent: Mbuzax Auction Mart Company Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
5 September 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application granted
Legal Topics
Temporary Injunction, Mortgage, Ownership Dispute, Irreparable Injury, Balance of Convenience
Source Language
English
Civil Procedure Land Law Temporary Injunction Mortgage Ownership Dispute Irreparable Injury Balance of Convenience

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Parties

Doreen Alphonce Mchawa

Applicant

The Attorney General

1st Respondent

Commissioner for Lands

2nd Respondent

The Registrar of Titles

3rd Respondent

Mohamed Abillah Mkanje

4th Respondent

Equity Bank Tanzania Limited

5th Respondent

Leonia Paulo Lengwana

6th Respondent

Mbuzax Auction Mart Company Limited

7th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the 5th and 7th respondents from continuing with the auction process over the disputed property pending determination of the main suit

Ratio Decidendi

The applicant established a prima facie case regarding ownership of the disputed property, demonstrated a likelihood of suffering irreparable loss if the property is auctioned, and the balance of convenience favors her as she and her children reside in the property. All conditions for a temporary injunction were met, warranting the grant of the application.

Court Disposition

Application granted

Orders

  • Temporary injunction restraining the 5th and 7th respondents, their agents or servants, from continuing with the auction process over the disputed property pending hearing and final determination of the main suit.
  • Costs to follow the event.