kombe andrea vs agness mukuta another 2018 tzhc 2684 28 august 2018

Since the 1st Respondent did not object and the 2nd Respondent was not contesting, the court granted the application for a temporary injunction to preserve the subject matter pending the main suit.

Citation: kombe andrea vs agness mukuta another 2018 tzhc 2684 28 august 2018
Parties: Applicant: Kombe Andrea; 1st Respondent: Agnes Mukuta; 2nd Respondent: Jackem Auction Mart and Court Broker
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 28 August 2018
Procedural Posture: Civil Application / Ruling on Application for Temporary Injunction
Outcome: Application granted
Legal Topics: Temporary Injunction, Interlocutory Orders
Source Language: English

Civil Procedure Land Law Temporary Injunction Interlocutory Orders

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Parties

Kombe Andrea

Applicant

Agnes Mukuta

1st Respondent

Jackem Auction Mart and Court Broker

2nd Respondent

Procedural Posture

Civil Application / Ruling on Application for Temporary Injunction

Legal Issues

1 Whether a temporary injunction should be granted to restrain the 1st Respondent from misuse, waste, damage or alienation of the disputed land pending determination of the main suit

Ratio Decidendi

Since the 1st Respondent did not object and the 2nd Respondent was not contesting, the court granted the application for a temporary injunction to preserve the subject matter pending the main suit.

Court Disposition

Application granted

Orders

Temporary injunction issued restraining the 1st Respondent, her agents, workmen, assignees or any other persons acting on her behalf from misuse, waste, damage or alienation of the disputed land pending final determination of Civil Case No. 18 of 2016
Costs to be in the course