19970110 TZHC Dar es Salaam 1

19970110 TZHC Dar es Salaam 1

Applicants failed to demonstrate irreparable injury as their main claim is compensation for building costs, which can be adequately compensated by money. However, substantial alterations affecting market value could impact their claim, so only major alterations are restrained.

Citation
19970110 TZHC Dar es Salaam 1
Parties
Applicant/plaintiff: MBM General Enterprises Ltd; Applicant: Sky Tanzania; Respondent/defendant: National Housing Corporation
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 January 1997
Procedural Posture
Civil Case / Interlocutory Application for Temporary Injunction
Outcome
Application dismissed with costs in the cause, except for restriction on major alterations.
Legal Topics
Temporary Injunction, Compensation for Building Costs, Affidavit Amendment, Irreparable Injury
Source Language
English
Civil Procedure Property Law Temporary Injunction Compensation for Building Costs Affidavit Amendment Irreparable Injury

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 2
Sign in to unlock

Parties

MBM General Enterprises Ltd

Applicant/plaintiff

Sky Tanzania

Applicant

National Housing Corporation

Respondent/defendant

Procedural Posture

Civil Case / Interlocutory Application for Temporary Injunction

Legal Issues

  1. 1 Whether applicants are entitled to a temporary injunction restraining respondent from collecting rent, renting premises, or effecting repairs/alterations pending determination of the main suit
  2. 2 Whether amended affidavit is proper
  3. 3 Whether applicants will suffer irreparable injury if injunction is not granted

Ratio Decidendi

Applicants failed to demonstrate irreparable injury as their main claim is compensation for building costs, which can be adequately compensated by money. However, substantial alterations affecting market value could impact their claim, so only major alterations are restrained.

Court Disposition

Application dismissed with costs in the cause, except for restriction on major alterations.

Orders

  • Respondent, its tenants or agents are restrained from effecting major alterations which can cause depreciation or alter the nature of the buildings pending determination of the main suit.
  • Otherwise, application dismissed with costs in the cause.