senoil limited vs mwanza city council another 2012 tzhc 106 6 september 2012

senoil limited vs mwanza city council another 2012 tzhc 106 6 september 2012

The applicant established a prima facie case, risk of irreparable injury, and balance of convenience favored granting a temporary injunction to preserve the status quo pending determination of the main suit.

Citation
senoil limited vs mwanza city council another 2012 tzhc 106 6 september 2012
Parties
Applicant: Senoil Limited; 1st Respondent: Mwanza City Council; 2nd Respondent: Dolphin Tours and Safaris Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 September 2012
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application for temporary injunction granted.
Legal Topics
Temporary Injunction, Right of Occupancy, Fraudulent Transfer, Balance of Convenience
Source Language
English
Land Law Civil Procedure Temporary Injunction Right of Occupancy Fraudulent Transfer Balance of Convenience

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Parties

Senoil Limited

Applicant

Mwanza City Council

1st Respondent

Dolphin Tours and Safaris Limited

2nd 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 respondents from developing, alienating, or disposing of Plot No 3 Mkuyuni New Industrial area pending determination of the main suit

Ratio Decidendi

The applicant established a prima facie case, risk of irreparable injury, and balance of convenience favored granting a temporary injunction to preserve the status quo pending determination of the main suit.

Court Disposition

Application for temporary injunction granted.

Orders

  • Temporary injunction issued restraining second respondent from developing, alienating, or disposing of Plot No 3 Mkuyuni New Industrial area pending determination of Land Case No 3 of 2012.
  • Costs to be in the cause.