Misc

Misc

The applicant demonstrated a prima facie case, risk of irreparable loss as the property is his family home, and the balance of convenience favours preserving the status quo pending the main suit. All cumulative conditions for a temporary injunction are met.

Citation
Misc
Parties
Applicant: John Wambura Charles; 1st Respondent: Punsensiana Michael Mruma; 2nd Respondent: MAS & Associates Company Limited & Court Brokers
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application granted
Legal Topics
Temporary Injunction, Prima Facie Case, Irreparable Loss, Balance of Convenience
Source Language
English
Civil Procedure Land Law Temporary Injunction Prima Facie Case Irreparable Loss Balance of Convenience

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Parties

John Wambura Charles

Applicant

Punsensiana Michael Mruma

1st Respondent

MAS & Associates Company Limited & Court Brokers

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant has met the conditions for grant of a temporary injunction as per Atilio v. Mbowe (1969) HCD 284

Ratio Decidendi

The applicant demonstrated a prima facie case, risk of irreparable loss as the property is his family home, and the balance of convenience favours preserving the status quo pending the main suit. All cumulative conditions for a temporary injunction are met.

Court Disposition

Application granted

Orders

  • Respondents, their agents, or any other persons acting on their behalf are restrained from auctioning or trespassing upon Plot No. 452, Block B, Sinza, Ubungo District, Dar es Salaam, pending determination of Land Case No. 15991 of 2024.
  • Costs of this application shall be in the cause.