JEROME COSMAS MROSO

JEROME COSMAS MROSO

The applicant failed to demonstrate irreparable loss as the alleged acts (demolition and construction) had already been completed; injunctive relief cannot be granted to prevent acts that have already occurred.

Citation
JEROME COSMAS MROSO
Parties
Applicant: Jerome Cosmas Mroso; 1st Respondent: Kigamboni Municipal Council; 2nd Respondent: The Honourable Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
13 February 2025
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application dismissed
Legal Topics
Temporary Injunction, Irreparable Harm, Prima Facie Case, Balance of Convenience
Source Language
English
Land Law Civil Procedure Temporary Injunction Irreparable Harm Prima Facie Case Balance of Convenience

Case Brief

Summary, issues, holding and outcome

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Parties

Jerome Cosmas Mroso

Applicant

Kigamboni Municipal Council

1st Respondent

The Honourable Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the respondents from further acts on the disputed land

Ratio Decidendi

The applicant failed to demonstrate irreparable loss as the alleged acts (demolition and construction) had already been completed; injunctive relief cannot be granted to prevent acts that have already occurred.

Court Disposition

Application dismissed

Orders

  • The entire application is dismissed with no order as to costs.