mirea co ltd vs juma shabani lugendo 2018 tzhclandd 122 11 may 2018

mirea co ltd vs juma shabani lugendo 2018 tzhclandd 122 11 may 2018

The applicant failed to satisfy all three conditions required for the grant of a temporary injunction: no prima facie case was established, no irreparable injury was demonstrated, and the balance of convenience was not shown to favor the applicant.

Citation
mirea co ltd vs juma shabani lugendo 2018 tzhclandd 122 11 may 2018
Parties
Applicant: MIREA CO. LTD; Respondent: JUMA SHABANI LUGENDO
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
11 May 2018
Procedural Posture
Misc. Land Application / Ruling on Application for Temporary Injunction Pending Main Suit
Outcome
Application dismissed with costs
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

MIREA CO. LTD

Applicant

JUMA SHABANI LUGENDO

Respondent

Procedural Posture

Misc. Land Application / Ruling on Application for Temporary Injunction Pending Main Suit

Legal Issues

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

Ratio Decidendi

The applicant failed to satisfy all three conditions required for the grant of a temporary injunction: no prima facie case was established, no irreparable injury was demonstrated, and the balance of convenience was not shown to favor the applicant.

Court Disposition

Application dismissed with costs

Orders

  • Application for temporary injunction is dismissed with costs