kabadagu limbo kabadagu 319 others vs tanganyika district council mpanda dc 2 others 2022 tzhclandd 12665 5 december 2022

kabadagu limbo kabadagu 319 others vs tanganyika district council mpanda dc 2 others 2022 tzhclandd 12665 5 december 2022

Ex parte interim relief is granted to prevent irreparable harm and preserve applicants' habitat and economic platform pending service and inter partes hearing.

Citation
kabadagu limbo kabadagu 319 others vs tanganyika district council mpanda dc 2 others 2022 tzhclandd 12665 5 december 2022
Parties
Applicants: Kabadagu Limbo Kabadagu and 319 others; 1st Respondent: Tanganyika District Council (Mpanda DC); 2nd Respondent: District Commissioner of Tanganyika District; 3rd Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
5 December 2022
Procedural Posture
Miscellaneous Land Application / Ex Parte Interim Order Pending Inter Partes Hearing
Outcome
Ex parte interim order granted
Legal Topics
Interim Injunction, Eviction, Declaratory Relief
Source Language
English
Civil Procedure Land Law Interim Injunction Eviction Declaratory Relief

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Parties

Kabadagu Limbo Kabadagu and 319 others

Applicants

Tanganyika District Council (Mpanda DC)

1st Respondent

District Commissioner of Tanganyika District

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ex Parte Interim Order Pending Inter Partes Hearing

Legal Issues

  1. 1 Whether applicants are entitled to an ex parte interim order restraining eviction and demolition pending hearing

Ratio Decidendi

Ex parte interim relief is granted to prevent irreparable harm and preserve applicants' habitat and economic platform pending service and inter partes hearing.

Court Disposition

Ex parte interim order granted

Orders

  • 1st and 2nd respondents, their agents and workmen restrained from evicting applicants and demolishing their houses and farms at the suit land pending inter partes hearing
  • Applicants to serve the application on respondents