st marys juniour school limited vs sabetha mwambenja another 2014 tzhc 2317 20 june 2014

st marys juniour school limited vs sabetha mwambenja another 2014 tzhc 2317 20 june 2014

Applicant demonstrated prima facie case of ownership and occupation, balance of convenience favours applicant, irreparable injury likely if injunction not granted, respondents failed to explain transfer of title; temporary/interim injunction granted to restrain respondents and restore status quo pending trial.

Citation
st marys juniour school limited vs sabetha mwambenja another 2014 tzhc 2317 20 june 2014
Parties
Applicant: St Mary's Junior School Limited; 1st Respondent: Sabetha Mwambenja; 2nd Respondent: Majembe Auction Mart
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 June 2014
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Temporary/interim Injunction
Outcome
Application granted in part
Legal Topics
Temporary Injunction, Trespass, Restoration of Status Quo, Ownership Dispute
Source Language
English
Civil Procedure Property Law Temporary Injunction Trespass Restoration of Status Quo Ownership Dispute

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Parties

St Mary's Junior School Limited

Applicant

Sabetha Mwambenja

1st Respondent

Majembe Auction Mart

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Temporary/interim Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary/interim injunction to restrain respondents from trespassing and interfering with the applicant's property
  2. 2 Whether the applicant has established a prima facie case, balance of convenience, and irreparable injury
  3. 3 Whether the applicant is entitled to restoration of status quo and extension of injunction pending determination of the main suit

Ratio Decidendi

Applicant demonstrated prima facie case of ownership and occupation, balance of convenience favours applicant, irreparable injury likely if injunction not granted, respondents failed to explain transfer of title; temporary/interim injunction granted to restrain respondents and restore status quo pending trial.

Court Disposition

Application granted in part

Orders

  • Temporary/interim injunction restraining respondents from trespassing or interfering with applicant's property at Plot Number 21, Title Deed Number 37056, Beach Area, Bagamoyo, Coast Region.
  • Order for detention as civil prisoner of 1st respondent for up to six months in case of breach of injunction.