20141218 TZHC Dodoma

20141218 TZHC Dodoma

The applicant demonstrated on a balance of probability that she is likely to suffer substantial loss if the injunction is not granted, as allowing the respondent to proceed would deny her access and disrupt harmony, which cannot be compensated by damages.

Citation
20141218 TZHC Dodoma
Parties
Applicant: Melea Chupi; Respondent: Leah Muhali
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 December 2014
Procedural Posture
Misc. Land Application / Ruling on Application for Temporary Injunction Pending Appeal
Outcome
Application for temporary injunction granted.
Legal Topics
Temporary Injunction, Preservation of Property Pending Appeal, Balance of Convenience
Source Language
English
Land Law Civil Procedure Temporary Injunction Preservation of Property Pending Appeal Balance of Convenience

Case Brief

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Parties

Melea Chupi

Applicant

Leah Muhali

Respondent

Procedural Posture

Misc. Land Application / Ruling on Application for Temporary Injunction Pending Appeal

Legal Issues

  1. 1 Whether a temporary injunction should be granted to restrain the respondent from developing or interfering with the disputed land pending appeal

Ratio Decidendi

The applicant demonstrated on a balance of probability that she is likely to suffer substantial loss if the injunction is not granted, as allowing the respondent to proceed would deny her access and disrupt harmony, which cannot be compensated by damages.

Court Disposition

Application for temporary injunction granted.

Orders

  • Temporary injunction granted restraining the respondent from roofing, developing, or interfering with the disputed land pending determination of Land Appeal No. 102 of 2014.
  • Each party to bear its own costs.