Johnsen ruling scanned

Johnsen ruling scanned

The applicant established a prima facie case, risk of irreparable loss, and balance of convenience in his favor, justifying the grant of an interim injunction to preserve the status quo pending determination of the main suit.

Citation
Johnsen ruling scanned
Parties
Applicant: Johnsen Leonard Mahururu; 1st Respondent: Permanent Secretary, Ministry of Lands Housing and Human Settlement Development; 2nd Respondent: Commissioner for Lands; 3rd Respondent: Kinondoni Municipal Council; 4th Respondent: The Attorney General; 5th Respondent: Naomi Raymond Kwayu (a.k.a Fainess Dawson Kiwia)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Interim Injunction
Outcome
Application granted
Legal Topics
Interim Injunction, Ownership Dispute, Restraint Orders
Source Language
English
Land Law Civil Procedure Interim Injunction Ownership Dispute Restraint Orders

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Parties

Johnsen Leonard Mahururu

Applicant

Permanent Secretary, Ministry of Lands Housing and Human Settlement Development

1st Respondent

Commissioner for Lands

2nd Respondent

Kinondoni Municipal Council

3rd Respondent

The Attorney General

4th Respondent

Naomi Raymond Kwayu (a.k.a Fainess Dawson Kiwia)

5th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Interim Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to an interim injunction restraining the 5th respondent from entering or disposing of the disputed land pending determination of the main suit
  2. 2 Whether the applicant has met the conditions for grant of an interim injunction

Ratio Decidendi

The applicant established a prima facie case, risk of irreparable loss, and balance of convenience in his favor, justifying the grant of an interim injunction to preserve the status quo pending determination of the main suit.

Court Disposition

Application granted

Orders

  • Interim injunction issued restraining the 5th respondent from entering or disposing of the disputed land pending determination of the main suit
  • 1st to 4th respondents restrained from accepting or registering any transaction for the disposition of the suit property pending the main suit