rebecca john genya vs tanzania airports authority 3 others 2022 tzhclandd 12409 21 october 2022

rebecca john genya vs tanzania airports authority 3 others 2022 tzhclandd 12409 21 october 2022

Applicant demonstrated existence of triable issues, risk of irreparable loss, and balance of convenience favors her; therefore, temporary injunction is granted pending determination of main suit.

Citation
rebecca john genya vs tanzania airports authority 3 others 2022 tzhclandd 12409 21 october 2022
Parties
Applicant: Rebecca John Genya; 1st Respondent: Tanzania Airports Authority; 2nd Respondent: Mwijuma Seke; 3rd Respondent: Mariam Mlyanga; 4th Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
21 October 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application allowed
Legal Topics
Temporary Injunction, Valuation and Compensation, Ownership Dispute
Source Language
English
Land Law Civil Procedure Temporary Injunction Valuation and Compensation Ownership Dispute

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Parties

Rebecca John Genya

Applicant

Tanzania Airports Authority

1st Respondent

Mwijuma Seke

2nd Respondent

Mariam Mlyanga

3rd Respondent

The Attorney General

4th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant has satisfied the conditions for grant of temporary injunction
  2. 2 Whether there is a prima facie case
  3. 3 Whether irreparable loss will be suffered

Ratio Decidendi

Applicant demonstrated existence of triable issues, risk of irreparable loss, and balance of convenience favors her; therefore, temporary injunction is granted pending determination of main suit.

Court Disposition

Application allowed

Orders

  • Temporary injunction granted restraining respondents from continuing with valuation reports at specified plots pending determination of main suit
  • No order as to costs