ibrahim ally mpole vs capital development authority 2016 tzhclandd 6 4 october 2016

ibrahim ally mpole vs capital development authority 2016 tzhclandd 6 4 october 2016

Although the applicant's loss can be compensated by damages and does not amount to irreparable loss, the balance of convenience favors the applicant as the holder of the certificate of title who has a right to know the reasons for non-renewal. There is a pending suit and an arguable case. Therefore, the temporary injunction is granted for six months.

Citation
ibrahim ally mpole vs capital development authority 2016 tzhclandd 6 4 october 2016
Parties
Applicant: Ibrahim Ally Mpore; Respondent: Capital Development Authority
Court
TANZLII
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 Reallocation, Renewal of Title
Source Language
English
Land Law Civil Procedure Temporary Injunction Right of Occupancy Land Reallocation Renewal of Title

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 a temporary injunction restraining the respondent from reallocating the disputed plots should be granted

Ratio Decidendi

Although the applicant's loss can be compensated by damages and does not amount to irreparable loss, the balance of convenience favors the applicant as the holder of the certificate of title who has a right to know the reasons for non-renewal. There is a pending suit and an arguable case. Therefore, the temporary injunction is granted for six months.

Court Disposition

Application granted

Orders

  • Temporary injunction restraining the respondent from reallocating the disputed plots for six months
  • Each party to bear its own costs