Issa Kavina scanned
The applicant failed to demonstrate irreparable loss he would suffer if the injunction was not granted; only the existence of a prima facie case was established, thus the application does not meet all required conditions for a temporary injunction.
- Citation
- Issa Kavina scanned
- Parties
- Applicant: Issa Hamad Kivina; 1st Respondent: Equity Bank (Tanzania) Limited; 2nd Respondent: Cityland Company Limited; 3rd Respondent: Qwihaya General Enterprises Company Limited
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 12 November 2024
- Procedural Posture
- Misc. Land Application / Ruling on Application for Temporary Injunction
- Outcome
- Application dismissed
- Legal Topics
- Temporary Injunction, Mortgage, Irreparable Injury, Balance of Convenience
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Issa Hamad Kivina
Applicant
Equity Bank (Tanzania) Limited
1st Respondent
Cityland Company Limited
2nd Respondent
Qwihaya General Enterprises Company Limited
3rd Respondent
Procedural Posture
Misc. Land Application / Ruling on Application for Temporary Injunction
Legal Issues
- 1 Whether the applicant is entitled to a temporary injunction restraining respondents from interfering with his peaceful enjoyment of the landed property pending determination of the main suit
Ratio Decidendi
The applicant failed to demonstrate irreparable loss he would suffer if the injunction was not granted; only the existence of a prima facie case was established, thus the application does not meet all required conditions for a temporary injunction.
Court Disposition
Application dismissed
Orders
- Application dismissed entirely without costs
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment