20030807 TZHC Arusha
If the respondent is damaging crops on the disputed land and the applicant ultimately succeeds in the appeal, monetary compensation may not be adequate; therefore, a temporary injunction is warranted to prevent irreparable harm.
- Citation
- 20030807 TZHC Arusha
- Parties
- Applicant: Ndefudasia Samson Kilawe; Respondent: Exaud Samson Kilawe
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 August 2003
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Temporary Injunction
- Outcome
- Application allowed
- Legal Topics
- Temporary Injunction, Discretionary Relief
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Ndefudasia Samson Kilawe
Applicant
Exaud Samson Kilawe
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Temporary Injunction
Legal Issues
- 1 Whether a temporary injunction should be granted pending determination of Civil Appeal No. 9 of 2002
Ratio Decidendi
If the respondent is damaging crops on the disputed land and the applicant ultimately succeeds in the appeal, monetary compensation may not be adequate; therefore, a temporary injunction is warranted to prevent irreparable harm.
Court Disposition
Application allowed
Orders
- Temporary injunction granted pending finalization of Civil Appeal No. 9 of 2002
Full Case Text
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