landev company limited vs dar es salaam water supply and sanitation authority dawasa another 2022 tzhclandd 12397 6 october 2022

landev company limited vs dar es salaam water supply and sanitation authority dawasa another 2022 tzhclandd 12397 6 october 2022

The applicant demonstrated a prima facie case and balance of convenience, but failed to prove irreparable loss as required for a temporary injunction; monetary loss is compensable and ongoing construction was not substantiated.

Citation
landev company limited vs dar es salaam water supply and sanitation authority dawasa another 2022 tzhclandd 12397 6 october 2022
Parties
Applicant: Landev Company Limited; 1st Respondent: Dar es Salaam Water Supply and Sanitation Authority (DAWASA); 2nd Respondent: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
6 October 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application dismissed
Legal Topics
Temporary Injunction, Prima Facie Case, Irreparable Injury, Balance of Convenience
Source Language
English
Land Law Civil Procedure Temporary Injunction Prima Facie Case Irreparable Injury Balance of Convenience

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Parties

Landev Company Limited

Applicant

Dar es Salaam Water Supply and Sanitation Authority (DAWASA)

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant has satisfied the conditions for grant of a temporary injunction

Ratio Decidendi

The applicant demonstrated a prima facie case and balance of convenience, but failed to prove irreparable loss as required for a temporary injunction; monetary loss is compensable and ongoing construction was not substantiated.

Court Disposition

Application dismissed

Orders

  • Application for temporary injunction is dismissed without costs.