jamila mahmood dagan vs the commissioner for lands ministry of land housing and human settlement development 4 others 2023 tzhclandd 16473 31 march 2023

jamila mahmood dagan vs the commissioner for lands ministry of land housing and human settlement development 4 others 2023 tzhclandd 16473 31 march 2023

The applicant satisfied the conditions for grant of an interlocutory injunction by establishing a triable issue regarding ownership, risk of irreparable loss, and that balance of convenience favors her. Therefore, the injunction is granted pending determination of the main suit.

Citation
jamila mahmood dagan vs the commissioner for lands ministry of land housing and human settlement development 4 others 2023 tzhclandd 16473 31 march 2023
Parties
Applicant: Jamila Mahmood Dagan; 1st Respondent: The Commissioner for Lands, Ministry of Land, Housing and Human Settlement Development; 2nd Respondent: Registrar of Titles, Ministry of Land, Housing and Human Settlement Development; 3rd Respondent: The Attorney General; 4th Respondent: Halima Staubmann; 5th Respondent: Stephen Kuffar
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 March 2023
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Injunction
Outcome
Application allowed
Legal Topics
Interlocutory Injunction, Ownership Dispute, Land Register, Irreparable Harm, Balance of Convenience
Source Language
English
Land Law Civil Procedure Interlocutory Injunction Ownership Dispute Land Register Irreparable Harm Balance of Convenience

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Parties

Jamila Mahmood Dagan

Applicant

The Commissioner for Lands, Ministry of Land, Housing and Human Settlement Development

1st Respondent

Registrar of Titles, Ministry of Land, Housing and Human Settlement Development

2nd Respondent

The Attorney General

3rd Respondent

Halima Staubmann

4th Respondent

Stephen Kuffar

5th Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to an interlocutory injunction restraining the respondents from interfering with the suit property pending determination of the main suit

Ratio Decidendi

The applicant satisfied the conditions for grant of an interlocutory injunction by establishing a triable issue regarding ownership, risk of irreparable loss, and that balance of convenience favors her. Therefore, the injunction is granted pending determination of the main suit.

Court Disposition

Application allowed

Orders

  • Respondents and any person acting under their instructions are restrained from interfering, revoking, cancelling or removing the applicant's name from the land register, and from evicting the applicant from the suit property, pending final determination of Land Case No. 26 of 2023.
  • No order as to costs.