shakiru mohamed vs jamira juma 2018 tzhc 2698 30 august 2018

shakiru mohamed vs jamira juma 2018 tzhc 2698 30 august 2018

The interim injunction was issued illegally because the tribunal was not properly constituted, the order was made ex parte without proper basis, the applicant was absent, and the principles for granting injunctions were not followed.

Citation
shakiru mohamed vs jamira juma 2018 tzhc 2698 30 august 2018
Parties
Applicant: Shakiru Mohamed; Respondent: Jamira Juma
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 August 2018
Procedural Posture
Land Case Revision / Ruling on Revision of Interlocutory Injunction Order
Outcome
Interim injunction order vacated; case remitted for hearing before a different chairman.
Legal Topics
Interlocutory Injunctions, Tribunal Composition, Ex Parte Orders, Revisionary Powers
Source Language
English
Land Law Civil Procedure Interlocutory Injunctions Tribunal Composition Ex Parte Orders Revisionary Powers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Shakiru Mohamed

Applicant

Jamira Juma

Respondent

Procedural Posture

Land Case Revision / Ruling on Revision of Interlocutory Injunction Order

Legal Issues

  1. 1 Whether the interim injunction was lawfully issued by the District Land and Housing Tribunal
  2. 2 Whether the tribunal was properly constituted when issuing the order
  3. 3 Whether the principles for granting injunctions were followed

Ratio Decidendi

The interim injunction was issued illegally because the tribunal was not properly constituted, the order was made ex parte without proper basis, the applicant was absent, and the principles for granting injunctions were not followed.

Court Disposition

Interim injunction order vacated; case remitted for hearing before a different chairman.

Orders

  • The interim injunction order issued by the District Land and Housing Tribunal is vacated.
  • The record is remitted to the lower court for inter parte hearing before a different chairman.