Mnyani

Mnyani

Applicants demonstrated a prima facie case by challenging the acquisition process for lack of procedural compliance, risk of irreparable harm exists as properties are used for residential and commercial purposes by retired civil servants, and balance of convenience favors applicants over the government. All three conditions for injunction are met.

Citation
Mnyani
Parties
Applicant: Stephano H Mnyani; Applicant: George Kalumuna Rupia; Applicant: Alice Emmanuel Malasy; Respondent: The Commissioner for Lands; Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Injunction
Outcome
Application allowed
Legal Topics
Injunctions, Land Acquisition, Procedural Compliance
Source Language
English
Land Law Civil Procedure Injunctions Land Acquisition Procedural Compliance

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Parties

Stephano H Mnyani

Applicant

George Kalumuna Rupia

Applicant

Alice Emmanuel Malasy

Applicant

The Commissioner for Lands

Respondent

The Attorney General

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Injunction

Legal Issues

  1. 1 Whether the applicants are entitled to an injunction restraining the respondents from acquiring their landed properties pending determination of the main suit
  2. 2 Whether the acquisition process followed the required legal procedures

Ratio Decidendi

Applicants demonstrated a prima facie case by challenging the acquisition process for lack of procedural compliance, risk of irreparable harm exists as properties are used for residential and commercial purposes by retired civil servants, and balance of convenience favors applicants over the government. All three conditions for injunction are met.

Court Disposition

Application allowed

Orders

  • Respondents are restrained from effecting the intended acquisition of the applicants' landed properties pending hearing and determination of Land Case No. 4613 of 2024
  • No order as to costs