20161004 TZHC Dodoma2

20161004 TZHC Dodoma2

Although the applicant's alleged loss can be compensated by damages and is not irreparable, the balance of convenience favors the applicant as the holder of the title who is entitled to know the circumstances of non-renewal; thus, a temporary injunction is warranted pending the main suit.

Citation
20161004 TZHC Dodoma2
Parties
Applicant: Ibrahim Ally Mpore; Respondent: Capital Development Authority
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 October 2016
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application granted
Legal Topics
Temporary Injunction, Right of Occupancy, Land Re Allocation
Source Language
English
Land Law Civil Procedure Temporary Injunction Right of Occupancy Land Re Allocation

Case Brief

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Parties

Ibrahim Ally Mpore

Applicant

Capital Development Authority

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 respondent from re-allocating the disputed plots pending determination of the main suit

Ratio Decidendi

Although the applicant's alleged loss can be compensated by damages and is not irreparable, the balance of convenience favors the applicant as the holder of the title who is entitled to know the circumstances of non-renewal; thus, a temporary injunction is warranted pending the main suit.

Court Disposition

Application granted

Orders

  • Temporary injunction restraining the respondent from re-allocating the disputed plots for six months as prescribed by law.
  • Each party to bear its own costs.