19990122 TZCA Dar es Salaam

19990122 TZCA Dar es Salaam

The trial court failed to apply the established legal principles for granting a temporary injunction. Evidence showed the respondents were blocking the access road and threatening construction, causing greater hardship to the appellant if the injunction was refused. The appellant satisfied the conditions for a temporary injunction.

Citation
19990122 TZCA Dar es Salaam
Parties
Appellant: Sospter M. Ndalahwa; Respondent: Nathaniel Chamlomo; Respondent: Patric Chamlomo; Respondent: Yona Chamlomo; Respondent: Saiilo Chamlomo; Respondent: Cyrian Simon; Respondent: Malidi Salehe
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 January 1999
Procedural Posture
Civil Appeal / Appeal From Interlocutory Order (temporary Injunction)
Outcome
appeal allowed
Legal Topics
Temporary Injunction, Public Road, Right of Access, Status Quo, Irreparable Injury
Source Language
English
Civil Procedure Property Law Temporary Injunction Public Road Right of Access Status Quo Irreparable Injury

Case Brief

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Parties

Sospter M. Ndalahwa

Appellant

Nathaniel Chamlomo

Respondent

Patric Chamlomo

Respondent

Yona Chamlomo

Respondent

Saiilo Chamlomo

Respondent

Cyrian Simon

Respondent

Malidi Salehe

Respondent

Procedural Posture

Civil Appeal / Appeal From Interlocutory Order (temporary Injunction)

Legal Issues

  1. 1 Whether the trial court erred in dismissing the application for temporary injunction without applying the correct legal principles
  2. 2 Whether the appellant is entitled to a temporary injunction to restrain the respondents from blocking or interfering with the public road

Ratio Decidendi

The trial court failed to apply the established legal principles for granting a temporary injunction. Evidence showed the respondents were blocking the access road and threatening construction, causing greater hardship to the appellant if the injunction was refused. The appellant satisfied the conditions for a temporary injunction.

Court Disposition

appeal allowed

Orders

  • trial court's finding reversed
  • temporary injunction granted against respondents with costs