mpegan auto link t ltd vs john fredric musira 2022 tzhclandd 12491 27 september 2022

mpegan auto link t ltd vs john fredric musira 2022 tzhclandd 12491 27 september 2022

The applicant failed to establish irreparable loss and balance of convenience, as the claimed losses are compensable by damages and the respondent would suffer greater inconvenience if restrained. All three conditions for injunction must be met conjunctively, which was not satisfied.

Citation
mpegan auto link t ltd vs john fredric musira 2022 tzhclandd 12491 27 september 2022
Parties
Applicant: MPEGAV AUTO LINK(T) LTD; Respondent: JOHN FREDERICK MUSIRA
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 September 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application dismissed with costs.
Legal Topics
Temporary Injunction, Lease Dispute, Damages, Balance of Convenience
Source Language
English
Civil Procedure Land Law Temporary Injunction Lease Dispute Damages Balance of Convenience

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Parties

MPEGAV AUTO LINK(T) LTD

Applicant

JOHN FREDERICK MUSIRA

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the respondent from disposing, leasing, or conducting business on the suit land pending determination of the main suit

Ratio Decidendi

The applicant failed to establish irreparable loss and balance of convenience, as the claimed losses are compensable by damages and the respondent would suffer greater inconvenience if restrained. All three conditions for injunction must be met conjunctively, which was not satisfied.

Court Disposition

Application dismissed with costs.

Orders

  • Temporary injunction not granted.
  • Applicant's application dismissed with costs.