GISLA MUSHI TANZLII

GISLA MUSHI TANZLII

The applicant failed to demonstrate all three mandatory conditions for grant of a temporary injunction, specifically irreparable loss and balance of convenience, as required by law. Only the existence of a serious triable issue was established. Therefore, the application for temporary injunction cannot succeed.

Citation
GISLA MUSHI TANZLII
Parties
Applicant: Gisla Anthony Mushi; 1st Respondent: Mpwapwa District Council; 2nd Respondent: Ahmed Omary Juma; 3rd Respondent: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
12 November 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application dismissed with costs
Legal Topics
Temporary Injunction, Tenancy Dispute, Eviction, Balance of Convenience
Source Language
English
Civil Procedure Land Law Temporary Injunction Tenancy Dispute Eviction Balance of Convenience

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Parties

Gisla Anthony Mushi

Applicant

Mpwapwa District Council

1st Respondent

Ahmed Omary Juma

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the respondents from entering and meddling with compartments No. 92 and 103 pending determination of the main suit

Ratio Decidendi

The applicant failed to demonstrate all three mandatory conditions for grant of a temporary injunction, specifically irreparable loss and balance of convenience, as required by law. Only the existence of a serious triable issue was established. Therefore, the application for temporary injunction cannot succeed.

Court Disposition

Application dismissed with costs

Orders

  • The application for temporary injunction is dismissed with costs.