jatish pravin vara vs juma said bakari others 2018 tzhclandd 436 13 july 2018

jatish pravin vara vs juma said bakari others 2018 tzhclandd 436 13 july 2018

The applicant satisfied all three legal conditions for a temporary injunction: there is a serious question to be tried, the applicant may suffer irreparable injury if the injunction is not granted, and the balance of convenience favors the applicant who is in occupation of the property.

Citation
jatish pravin vara vs juma said bakari others 2018 tzhclandd 436 13 july 2018
Parties
Applicant: Jatish Pravin Vara; 1st Respondent: Juma Said Bakari; 2nd Respondent: Twahil Hemed Mkundi; 3rd Respondent: Abdallah Hemed Mkundi; 4th Respondent: Vijana Auction Mart Co. Ltd & Court Brokers
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
13 July 2018
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application granted
Legal Topics
Temporary Injunction, Irreparable Injury, Balance of Convenience, Ownership Dispute
Source Language
English
Civil Procedure Land Law Temporary Injunction Irreparable Injury Balance of Convenience Ownership Dispute

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Parties

Jatish Pravin Vara

Applicant

Juma Said Bakari

1st Respondent

Twahil Hemed Mkundi

2nd Respondent

Abdallah Hemed Mkundi

3rd Respondent

Vijana Auction Mart Co. Ltd & Court Brokers

4th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the application meets the requirements for granting a temporary injunction

Ratio Decidendi

The applicant satisfied all three legal conditions for a temporary injunction: there is a serious question to be tried, the applicant may suffer irreparable injury if the injunction is not granted, and the balance of convenience favors the applicant who is in occupation of the property.

Court Disposition

Application granted

Orders

  • Temporary injunction granted restraining the respondents and their agents from entering, evicting, or disposing Plot No. CHG/TRL/650 in any manner.
  • Order to last for six (6) months unless otherwise ordered.