Misc

Applicant demonstrated existence of triable issues regarding alleged sale agreement and payments, risk of irreparable injury if evicted, and balance of convenience favors maintaining status quo pending determination of main suit.

Citation: Misc
Parties: Applicant: Gabriel J. Mtitu; 1st Respondent: Nathumal Pitoomal Gunamal (Sajnani); 2nd Respondent: Fosters and Company Limited
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2024
Procedural Posture: Misc. Land Application / Ruling on Temporary Injunction Pending Main Suit
Outcome: Temporary injunction granted pending determination of main suit
Legal Topics: Temporary Injunction, Eviction, Lease Agreements, Sale of Immovable Property
Source Language: English

Land Law Civil Procedure Temporary Injunction Eviction Lease Agreements Sale of Immovable Property

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Parties

Gabriel J. Mtitu

Applicant

Nathumal Pitoomal Gunamal (Sajnani)

1st Respondent

Fosters and Company Limited

2nd Respondent

Procedural Posture

Misc. Land Application / Ruling on Temporary Injunction Pending Main Suit

Legal Issues

1 Whether the applicant has satisfied the conditions for granting a temporary injunction
2 Existence of a prima facie case
3 Irreparable injury

Ratio Decidendi

Court Disposition

Temporary injunction granted pending determination of main suit

Orders

Respondents, their agents, and assignees restrained from evicting applicant or selling suit premises pending hearing and determination of Land Case No. 14319 of 2024
Costs to abide outcome of main suit