jonathan omary mbwambo vs said shaban mtonga others 2018 tzhclandd 535 17 august 2018

jonathan omary mbwambo vs said shaban mtonga others 2018 tzhclandd 535 17 august 2018

The applicant satisfied the three conditions for grant of temporary injunction as established in Atilio vs. Mbowe; the suit property was sufficiently described for the purposes of the application; irreparable injury and balance of convenience favored granting the injunction.

Citation
jonathan omary mbwambo vs said shaban mtonga others 2018 tzhclandd 535 17 august 2018
Parties
Applicant: Jonathan Omary Mbwambo; 1st Respondent: Saidi Shaban Mtonga; 2nd Respondent: Kessy Kasilati; 3rd Respondent: Zena Ally
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
17 August 2018
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Temporary Injunction
Outcome
application granted
Legal Topics
Temporary Injunction, Interlocutory Relief, Balance of Convenience, Irreparable Injury
Source Language
English
Civil Procedure Land Law Temporary Injunction Interlocutory Relief Balance of Convenience Irreparable Injury

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Parties

Jonathan Omary Mbwambo

Applicant

Saidi Shaban Mtonga

1st Respondent

Kessy Kasilati

2nd Respondent

Zena Ally

3rd Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant has met the conditions for grant of temporary injunction
  2. 2 Whether the suit property is sufficiently described for purposes of the application
  3. 3 Whether irreparable injury and balance of convenience favor granting the injunction

Ratio Decidendi

The applicant satisfied the three conditions for grant of temporary injunction as established in Atilio vs. Mbowe; the suit property was sufficiently described for the purposes of the application; irreparable injury and balance of convenience favored granting the injunction.

Court Disposition

application granted

Orders

  • Temporary injunction restraining respondents from effecting developments, committing waste, or disposing the suit premise for six months
  • No order for costs