grand regency hotel limited vs pazi ally 7 others 2022 tzhclandd 12406 10 october 2022

grand regency hotel limited vs pazi ally 7 others 2022 tzhclandd 12406 10 october 2022

The application is unopposed and the affidavit establishes a prima facie case for preserving the applicant's rights pending the main suit; thus, a temporary injunction is warranted.

Citation
grand regency hotel limited vs pazi ally 7 others 2022 tzhclandd 12406 10 october 2022
Parties
Applicant: Grand Regency Hotel Limited; 1st Respondent: Pazi Ally; 2nd Respondent: Jumanne Ally as personal legal representative of the Deceased estate of Ally Abdallah Samata; 3rd Respondent: Jumanne Ally; 4th Respondent: Fatuma Ally; 5th Respondent: Sauda Ally; 6th Respondent: Rehema Ally; 7th Respondent: Idd Ally; 8th Respondent: M.T.C. Auction Mart Company Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
10 October 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application granted
Legal Topics
Temporary Injunction, Preservation of Property, Eviction, Transfer of Title
Source Language
English
Land Law Civil Procedure Temporary Injunction Preservation of Property Eviction Transfer of Title

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Parties

Grand Regency Hotel Limited

Applicant

Pazi Ally

1st Respondent

Jumanne Ally as personal legal representative of the Deceased estate of Ally Abdallah Samata

2nd Respondent

Jumanne Ally

3rd Respondent

Fatuma Ally

4th Respondent

Sauda Ally

5th Respondent

Rehema Ally

6th Respondent

Idd Ally

7th Respondent

M.T.C. Auction Mart Company Ltd

8th 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 evicting or transferring title of the suit premises pending the main suit

Ratio Decidendi

The application is unopposed and the affidavit establishes a prima facie case for preserving the applicant's rights pending the main suit; thus, a temporary injunction is warranted.

Court Disposition

Application granted

Orders

  • Temporary injunction restraining the respondents from evicting the applicant or transferring title of the suit property pending hearing and determination of the main suit
  • Each party to bear their own costs