hassan loan namagono others vs attorney general another 2015 tzhc 2087 14 december 2015

hassan loan namagono others vs attorney general another 2015 tzhc 2087 14 december 2015

The applicants have demonstrated a serious triable issue and a likelihood of irreparable harm if the injunction is not granted, as demolition would destroy evidence and render compensation claims impossible if they succeed in the main suit. The balance of convenience favors the applicants.

Citation
hassan loan namagono others vs attorney general another 2015 tzhc 2087 14 december 2015
Parties
Applicant: Hassan Loan Namagono; Applicant: Haji Ajili Makoloko; Applicant: Saidi Magombo Mtaka; Applicant: Adija Matikika Kanjaba; Applicant: George Rapahel Binali; Applicant: Athmani Masudi Mtando; Applicant: Mohamed Bushiru Maulidi; Applicant: Mawazo Ahmadi Chambali; Applicant: Namele Mahamudu Bushiri; Applicant: Anthony Omari Sanane; Respondent: The Attorney General; Respondent: The Regional Manager, Tanzania National Roads Agency
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 December 2015
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Injunction
Outcome
Injunction granted
Legal Topics
Injunctions, Compensation for Land Acquisition, Irreparable Harm, Balance of Convenience
Source Language
English
Land Law Civil Procedure Injunctions Compensation for Land Acquisition Irreparable Harm Balance of Convenience

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Parties

Hassan Loan Namagono

Applicant

Haji Ajili Makoloko

Applicant

Saidi Magombo Mtaka

Applicant

Adija Matikika Kanjaba

Applicant

George Rapahel Binali

Applicant

Athmani Masudi Mtando

Applicant

Mohamed Bushiru Maulidi

Applicant

Mawazo Ahmadi Chambali

Applicant

Namele Mahamudu Bushiri

Applicant

Anthony Omari Sanane

Applicant

The Attorney General

Respondent

The Regional Manager, Tanzania National Roads Agency

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Injunction

Legal Issues

  1. 1 Whether the applicants are entitled to an injunction restraining the respondents from demolishing their properties pending determination of the main suit
  2. 2 Whether the compensation paid was unfair and inadequate

Ratio Decidendi

The applicants have demonstrated a serious triable issue and a likelihood of irreparable harm if the injunction is not granted, as demolition would destroy evidence and render compensation claims impossible if they succeed in the main suit. The balance of convenience favors the applicants.

Court Disposition

Injunction granted

Orders

  • Respondents are restrained from demolishing applicants' properties pending determination of the main suit