peach tree development ltd another vs national housing corporation another 2023 tzhclandd 2 19 january 2023

peach tree development ltd another vs national housing corporation another 2023 tzhclandd 2 19 january 2023

Applicants failed to satisfy all three conditions for grant of temporary injunction; balance of convenience and irreparable loss not established, and respondents would suffer greater hardship if injunction granted.

Citation
peach tree development ltd another vs national housing corporation another 2023 tzhclandd 2 19 january 2023
Parties
Applicant: Peach Tree Development Ltd; Applicant: Salma Suleiman Nassor; Respondent: National Housing Corporation; Respondent: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
19 January 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Interim Injunction
Outcome
application dismissed without costs
Legal Topics
Temporary Injunction, Joint Venture Agreement, Termination of Contract, Balance of Convenience
Source Language
English
Land Law Civil Procedure Temporary Injunction Joint Venture Agreement Termination of Contract Balance of Convenience

Case Brief

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Parties

Peach Tree Development Ltd

Applicant

Salma Suleiman Nassor

Applicant

National Housing Corporation

Respondent

Attorney General

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Interim Injunction

Legal Issues

  1. 1 Whether applicants satisfied conditions for grant of temporary injunction
  2. 2 Whether joint venture agreement was validly terminated
  3. 3 Whether applicants will suffer irreparable loss

Ratio Decidendi

Applicants failed to satisfy all three conditions for grant of temporary injunction; balance of convenience and irreparable loss not established, and respondents would suffer greater hardship if injunction granted.

Court Disposition

application dismissed without costs

Orders

  • application dismissed
  • no order as to costs