20010803 TZHC Arusha

20010803 TZHC Arusha

The court held that the application for maintenance of status quo does not amount to a declaration of rights and is not barred by Section 11. Since the revocation is strongly contested and the applicant has been in occupation for over 14 years, the balance of convenience favors granting the injunction to preserve the status quo pending trial.

Citation
20010803 TZHC Arusha
Parties
Applicant: Rushii Duluti Ltd.; 1st Respondent: The Hon. Commissioner for Land and Human Settlements Development; 2nd Respondent: The Hon. Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 August 2001
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Temporary Injunction
Outcome
Application allowed with costs.
Legal Topics
Temporary Injunction, Status Quo Maintenance, Jurisdiction, Land Revocation
Source Language
English
Civil Procedure Land Law Temporary Injunction Status Quo Maintenance Jurisdiction Land Revocation

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Parties

Rushii Duluti Ltd.

Applicant

The Hon. Commissioner for Land and Human Settlements Development

1st Respondent

The Hon. Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the court has jurisdiction to grant a temporary injunction against the government
  2. 2 Whether maintenance of status quo pending determination of the main suit is warranted

Ratio Decidendi

The court held that the application for maintenance of status quo does not amount to a declaration of rights and is not barred by Section 11. Since the revocation is strongly contested and the applicant has been in occupation for over 14 years, the balance of convenience favors granting the injunction to preserve the status quo pending trial.

Court Disposition

Application allowed with costs.

Orders

  • Respondents are ordered to maintain and/or restore the status quo as of 24 January 2001 in respect of Farm No. 98/2/1 pending determination of Civil Case No. 1/2001 or for six months, whichever comes first.