aunali k khalfan others vs national housing corporation 2013 tzhc 2067 11 december 2013

aunali k khalfan others vs national housing corporation 2013 tzhc 2067 11 december 2013

There is no legal or contractual right of first refusal for tenants in redevelopment or joint venture projects by the landlord. The applicants failed to establish a serious question to be tried or irreparable harm, and damages would be an adequate remedy. Therefore, the application for injunction is dismissed.

Citation
aunali k khalfan others vs national housing corporation 2013 tzhc 2067 11 december 2013
Parties
Applicant/plaintiff: Aunali K. Khalfan; Applicant/plaintiff: Tanveer Khimji; Applicant/plaintiff: R J. & Co. Ltd.; Applicant/plaintiff: S. Sale & Co. Ltd.; Applicant/plaintiff: Cartidges & Toners Ltd.; Applicant/plaintiff: ML Enterprises Ltd.; Respondent/defendant: The National Housing Corp
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 December 2013
Procedural Posture
Land Case / Ruling on Application for Injunction
Outcome
Application dismissed
Legal Topics
Injunctions, Landlord and Tenant, Right of First Refusal, Balance of Convenience
Source Language
English
Land Law Civil Procedure Injunctions Landlord and Tenant Right of First Refusal Balance of Convenience

Case Brief

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Parties

Aunali K. Khalfan

Applicant/plaintiff

Tanveer Khimji

Applicant/plaintiff

R J. & Co. Ltd.

Applicant/plaintiff

S. Sale & Co. Ltd.

Applicant/plaintiff

Cartidges & Toners Ltd.

Applicant/plaintiff

ML Enterprises Ltd.

Applicant/plaintiff

The National Housing Corp

Respondent/defendant

Procedural Posture

Land Case / Ruling on Application for Injunction

Legal Issues

  1. 1 Whether the applicants are entitled to an injunction restraining the respondent from evicting them from the suit premises pending determination of the main suit
  2. 2 Whether sitting tenants have a right of first refusal in redevelopment or joint venture arrangements by the landlord

Ratio Decidendi

There is no legal or contractual right of first refusal for tenants in redevelopment or joint venture projects by the landlord. The applicants failed to establish a serious question to be tried or irreparable harm, and damages would be an adequate remedy. Therefore, the application for injunction is dismissed.

Court Disposition

Application dismissed

Orders

  • Application for injunction is dismissed
  • Costs to be in the cause