exusper nemes baiki vs kirongo juu village council and 4 others 2024 tzhc 80 25 january 2024

exusper nemes baiki vs kirongo juu village council and 4 others 2024 tzhc 80 25 january 2024

Applicant failed to establish irreparable loss as land, trees, and stones can be compensated; balance of convenience favours public interest; application for temporary injunction or declaratory order dismissed.

Citation
exusper nemes baiki vs kirongo juu village council and 4 others 2024 tzhc 80 25 january 2024
Parties
Applicant: Exusper Nemes Baiki; 1st Respondent: Kirongo Juu Village Council; 2nd Respondent: Prediganda Genes Aloyce; 3rd Respondent: Augustine Donasian Oiso; 4th Respondent: Rombo District Council; 5th Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 January 2024
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Temporary Injunction/declaratory Order
Outcome
Application dismissed without costs
Legal Topics
Temporary Injunction, Declaratory Order, Compensation for Land, Balance of Convenience
Source Language
English
Land Law Civil Procedure Temporary Injunction Declaratory Order Compensation for Land Balance of Convenience

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Parties

Exusper Nemes Baiki

Applicant

Kirongo Juu Village Council

1st Respondent

Prediganda Genes Aloyce

2nd Respondent

Augustine Donasian Oiso

3rd Respondent

Rombo District Council

4th Respondent

The Attorney General

5th Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Temporary Injunction/declaratory Order

Legal Issues

  1. 1 Whether applicant has established sufficient grounds for temporary injunction or declaratory order

Ratio Decidendi

Applicant failed to establish irreparable loss as land, trees, and stones can be compensated; balance of convenience favours public interest; application for temporary injunction or declaratory order dismissed.

Court Disposition

Application dismissed without costs

Orders

  • Application for temporary injunction or declaratory order dismissed
  • No order as to costs