doreen alphonce mchawa vs attorney general 6 others 2024 tzhclandd 7 10 january 2024

doreen alphonce mchawa vs attorney general 6 others 2024 tzhclandd 7 10 january 2024

The applicant established all three conditions for a temporary injunction: there are serious triable issues regarding ownership and alleged fraud, she will suffer irreparable loss if the property is auctioned as it is her only home, and the balance of convenience favors her over the respondents. Therefore, the application for a temporary injunction is granted.

Citation
doreen alphonce mchawa vs attorney general 6 others 2024 tzhclandd 7 10 january 2024
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
10 January 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application granted
Legal Topics
Temporary Injunction, Ownership Dispute, Mortgage, Irreparable Injury, Balance of Convenience
Source Language
English
Civil Procedure Land Law Temporary Injunction Ownership Dispute Mortgage Irreparable Injury Balance of Convenience

Case Brief

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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 auction of the suit premises pending determination of the main suit
  2. 2 Whether the applicant has established the three conditions for grant of temporary injunction

Ratio Decidendi

The applicant established all three conditions for a temporary injunction: there are serious triable issues regarding ownership and alleged fraud, she will suffer irreparable loss if the property is auctioned as it is her only home, and the balance of convenience favors her over the respondents. Therefore, the application for a temporary injunction is granted.

Court Disposition

Application granted

Orders

  • Temporary injunction restraining the 5th and 7th respondents, their agents, servants, or anyone acting on their behalf from auctioning the suit property pending hearing and final determination of Land Case No. 136 of 2023
  • Each party to bear their own costs