sunil zaverchand chohan and another vs david willfrem mwakitwange as legal representative of the late pauline daudi mwakitwange 2021 tzhclandd 741 29 october 2021

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION) AT PAR ES SALAAM MISC. LAND APPLICATION NO. 463 OF 2021 SUNIL ZAVERCHAND CHOHAN...............................1st APPELLANT HEMALI SUNIL CHOHAN....................................... 2nd APPELLANT VERSUS DAVID WILFREM MWAKITWANGE (As the legal personal representative of PAULINE DAUDIMWAKITWANGE) ................................... 1st RESPONDENT DIANA MWAKITWAGE (As the legal persona! representative of PAULINE DAUDI MWAKITWANGE)............... 2nd RESPONDENT RULING Date of Last Order: 20/10/2021 Date of Ruling: 29/10/2021 T.N. Mwenegoha, J The applicants seek for an interim injunction restraining the 1st and 2nd respondents, their agents, assignees, workmen, assistants and any other person acting on behalf of them from disposing of or alienating the property or committing breach of contract in respect of the sale of the property, on Plot No. 2055, Msasani Penisula situated within Kinondoni Municipality, Dar es salaal with Certificate of Title No. DSM T1010386, to third parties pending hearing and determination of the application interparties pending in this Court. i The application is made by way of chamber summons supported by sworn affidavit of applicants. This application is made under Section 68(c) and (e) and Order XXXVII rule 1(a) and 2(1) of the Civil Procedure Code, Cap. 33 R.E. 2019. The respondents filed their joint counter affidavit opposing the application. However, before hearing of this application on 20th October, 2021 1st respondent while appearing in person informed the Court that they do not object prayers in this application. Since there is no objection by the respondents, but rather they have conceded to the prayers of the application; I hereby grant the interim injunction restraining the 1st and 2nd respondents, their agents, assignees, workmen, assistants and any other person acting on behalf of them from disposing of or alienating the property or committing breach of contracting respect of the sale of the property, on Plot No. 2055, Msasani Peninsula situated within Kinondoni Municipality, Dar es salaam with Certificate of Title No. DSM T1010386, to third parties. Each party to bear own costs of this application. It is so ordered. Dated at Dar es salaam his 29th day of October, 2021. 2