19970430 TZHC Dar es Salaam

19970430 TZHC Dar es Salaam

Applicants established a prima facie case as holders of Right of Occupancy, but failed to prove irreparable loss not compensable by damages or that balance of convenience favored them. Therefore, the application for temporary injunction was dismissed, except for an order to remove any blockage by the 3rd respondent to applicants' access.

Citation
19970430 TZHC Dar es Salaam
Parties
Plaintiff: Dr. Joseph R. Mukolera; Plaintiff: Mrs. Corona Mukolera; Defendant: Frida Shayo; Defendant: Leopold H. Hotiombo; Defendant: Isaac Rusimbi; Defendant: Benedicto Tilisho
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 April 1997
Procedural Posture
Civil Application / Ruling on Application for Temporary Injunction
Outcome
Application dismissed with limited relief
Legal Topics
Temporary Injunction, Right of Occupancy, Trespass, Interlocutory Relief
Source Language
English
Civil Procedure Land Law Temporary Injunction Right of Occupancy Trespass Interlocutory Relief

Case Brief

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Parties

Dr. Joseph R. Mukolera

Plaintiff

Mrs. Corona Mukolera

Plaintiff

Frida Shayo

Defendant

Leopold H. Hotiombo

Defendant

Isaac Rusimbi

Defendant

Benedicto Tilisho

Defendant

Procedural Posture

Civil Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicants are entitled to a temporary injunction restraining the respondents from acts of trespass on the suit premises pending determination of the main suit.

Ratio Decidendi

Applicants established a prima facie case as holders of Right of Occupancy, but failed to prove irreparable loss not compensable by damages or that balance of convenience favored them. Therefore, the application for temporary injunction was dismissed, except for an order to remove any blockage by the 3rd respondent to applicants' access.

Court Disposition

Application dismissed with limited relief

Orders

  • Status quo as of the ruling to be maintained; respondents to remain where they are and any new developments at their own risk pending main suit outcome.
  • Applicants to have access to their outbuilding and carport; any blockage by the 3rd respondent to be removed forthwith.