john alex kapama vs ubungo municipal council another 2022 tzhclandd 200 22 march 2022
- Citation
- john alex kapama vs ubungo municipal council another 2022 tzhclandd 200 22 march 2022
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TANZLII
- Decision
- 22 March 2022
- Posture
- Miscellaneous Land Application / Ruling on Application for Temporary Injunction
- Language
- English
More details
- Court
- TANZLII
- Decision
- 22 March 2022
- Posture
- Miscellaneous Land Application / Ruling on Application for Temporary Injunction
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The applicant has demonstrated sufficient grounds for the grant of a temporary injunction to preserve the subject matter pending determination of the main suit.
Court disposition
Temporary injunction granted
Orders
- Respondents, their agents or assignees are restrained from entering, demolishing, and removing building materials from the applicant's properties (Plot No. P51, P52, and P53) until the hearing and determination of the main suit (Land Case No.153 of 2021).
02
Material facts
Parties
John Alex Kapama
ApplicantUbungo Municipal Council
1st RespondentThe Attorney General
2nd Respondent03
Procedural history
Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
04
Questions and positions
Legal issues
Whether the applicant is entitled to a temporary injunction restraining the respondents from entering, demolishing, and removing building materials from the applicant's properties pending determination of the main suit
Party arguments
- Applicant
- The applicant seeks a temporary injunction to restrain the respondents from entering, demolishing, and removing building materials from his properties identified as Plot No. P51, P52, and P53, pending the hearing and determination of the main suit.
- Respondent
- Not stated in the provided text.
05
Court’s reasoning
Legal principles
- 01
Order XXXVII rule 1(a), Section 68(c), (e) and 95 of the Civil Procedure Code Cap 33 R.E 2019
Grant of temporary injunction under Order XXXVII rule 1(a) and Section 68(c), (e) and 95 of the Civil Procedure Code requires demonstration of a prima facie case, likelihood of irreparable injury, and balance of convenience.
06
Ratio, limits and disposition
Ratio decidendi
The applicant has demonstrated sufficient grounds for the grant of a temporary injunction to preserve the subject matter pending determination of the main suit.
Court disposition
Temporary injunction granted
- Respondents, their agents or assignees are restrained from entering, demolishing, and removing building materials from the applicant's properties (Plot No. P51, P52, and P53) until the hearing and determination of the main suit (Land Case No.153 of 2021).
Source and reliance status
TANZLII · 22 March 2022
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TANZLII
Judgment· 22 March 2022
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION)
AT DAR ES SALAAM MISC. LAND APPLICATION N0.464 OF 2021 (Originating from Land Case No.153 of 2021)
JOHN ALEX KAPAMA APPLICANT
VERSUS UBUNGO MUNICIPAL COUNCIL 1®^ RESPONDENT THE ATTORNEY GENERAL 2'^'' RESPONDENT
RULING Date ofLast Order: 07. 03.2022 Date ofJudgment: 22.03.2022 T. N. MWENEGOHA,J. The applicant is hereby seeking for an order of temporary injunction Under Order XXXVII rule 1 (a), Section 68 (c), (e) and 95 of the Civil Procedure Code Cap 33 R.E 2019 against the respondents here in above mentioned. He wants the respondents, their agents or assignees to be restrained from entering, demolishing and removing building materials from his properties, identified as Plot No. P51, P52 and P53. The same are comprised of Certificate of Tittles, No. DSMT1000240, DSMT1000511 and DSMT1000243, all three are located at Goba Mpakani Area Ward, Ubungo District, at Dar es salaam Region. The order should be effective until the hearing and determination of the main suit which is Land Case
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