john alex kapama vs ubungo municipal council another 2022 tzhclandd 200 22 march 2022

The applicant has demonstrated sufficient grounds for the grant of a temporary injunction to preserve the subject matter pending determination of the main suit.

Citation: john alex kapama vs ubungo municipal council another 2022 tzhclandd 200 22 march 2022
Parties: Applicant: John Alex Kapama; 1st Respondent: Ubungo Municipal Council; 2nd Respondent: The Attorney General
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 22 March 2022
Procedural Posture: Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome: Temporary injunction granted
Legal Topics: Temporary Injunction, Interlocutory Relief
Source Language: English

Land Law Civil Procedure Temporary Injunction Interlocutory Relief

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Parties

John Alex Kapama

Applicant

Ubungo Municipal Council

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction

Legal Issues

1 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

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

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).