20151127 TZHC Arusha
The balance of convenience favors the second respondent, as stopping construction would be more damaging to him than to the applicant, and any loss can be compensated monetarily. Therefore, the application for temporary injunction is refused.
- Citation
- 20151127 TZHC Arusha
- Parties
- Applicant: Solomon Simon Metinyiku; Respondent: Justin Simon Metinyiku; Respondent: Remi Lulle
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 27 November 2015
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Temporary Injunction
- Outcome
- Application for temporary injunction refused.
- Legal Topics
- Temporary Injunction, Status Quo Orders, Balance of Convenience, Estate Administration
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Solomon Simon Metinyiku
Applicant
Justin Simon Metinyiku
Respondent
Remi Lulle
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Temporary Injunction
Legal Issues
- 1 Whether a temporary injunction should be granted to restrain development on disputed land pending determination of Land Case No. 18 of 2015
Ratio Decidendi
The balance of convenience favors the second respondent, as stopping construction would be more damaging to him than to the applicant, and any loss can be compensated monetarily. Therefore, the application for temporary injunction is refused.
Court Disposition
Application for temporary injunction refused.
Orders
- Each party to bear own costs.
Full Case Text
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