elland road limited vs commissioner of land 3 others 2023 tzhclandd 16772 14 august 2023

elland road limited vs commissioner of land 3 others 2023 tzhclandd 16772 14 august 2023

Only the prima facie case condition was met; applicant failed to demonstrate irreparable loss or establish balance of inconvenience. All three conditions are mandatory for granting temporary injunction. Application dismissed.

Citation
elland road limited vs commissioner of land 3 others 2023 tzhclandd 16772 14 august 2023
Parties
Applicant: Elland Road Limited; 1st Respondent: Commissioner of Land; 2nd Respondent: Registrar of Titles; 3rd Respondent: Attorney General; 4th Respondent: World Oil (Tanzania) Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
14 August 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Mareva Injunction
Outcome
Application dismissed
Legal Topics
Mareva Injunction, Temporary Injunction, Ownership Dispute, Irreparable Loss, Balance of Inconvenience
Source Language
English
Land Law Civil Procedure Mareva Injunction Temporary Injunction Ownership Dispute Irreparable Loss Balance of Inconvenience

Case Brief

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Parties

Elland Road Limited

Applicant

Commissioner of Land

1st Respondent

Registrar of Titles

2nd Respondent

Attorney General

3rd Respondent

World Oil (Tanzania) Limited

4th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Mareva Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a mareva injunction restraining respondents from dealing with Plot No. 935 pending expiration of statutory notices

Ratio Decidendi

Only the prima facie case condition was met; applicant failed to demonstrate irreparable loss or establish balance of inconvenience. All three conditions are mandatory for granting temporary injunction. Application dismissed.

Court Disposition

Application dismissed

Orders

  • Each party to bear its own costs