elvis beda kyara vs mahamudu mdenge 2018 tzhclandd 22 26 february 2018
The applicant failed to establish all three principles required for a temporary injunction, particularly irreparable loss, as damages would be adequate remedy.
- Citation
- elvis beda kyara vs mahamudu mdenge 2018 tzhclandd 22 26 february 2018
- Parties
- Applicant: Elvis Beda Kyara; Respondent: Mahamudu Mdenge
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 26 February 2018
- Procedural Posture
- Misc. Land Application / Ruling on Application for Temporary Injunction
- Outcome
- Application dismissed
- Legal Topics
- Temporary Injunction, Trespass, Irreparable Injury, Balance of Convenience
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Parties
Elvis Beda Kyara
Applicant
Mahamudu Mdenge
Respondent
Procedural Posture
Misc. Land Application / Ruling on Application for Temporary Injunction
Legal Issues
- 1 Whether the applicant is entitled to a temporary injunction restraining the respondent from trespassing and constructing on the suit premises pending the main suit
Ratio Decidendi
The applicant failed to establish all three principles required for a temporary injunction, particularly irreparable loss, as damages would be adequate remedy.
Court Disposition
Application dismissed
Orders
- Application for temporary injunction is dismissed
- Costs in the cause
Full Case Text
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