MISC

MISC

All three conditions for temporary injunction as established in Atilio vs Mbowe are met; applicant has shown prima facie case, risk of irreparable loss, and balance of convenience favors applicant.

Citation
MISC
Parties
Applicant: W. Cargo Airline Limited; 1st Respondent: Hon. Attorney General; 2nd Respondent: Tanzania Airport Authority (TAA)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Ex Parte Application for Temporary Injunction
Outcome
Application granted
Legal Topics
Temporary Injunction, Lease Agreement, Eviction, Specific Performance
Source Language
English
Land Law Civil Procedure Temporary Injunction Lease Agreement Eviction Specific Performance

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Parties

W. Cargo Airline Limited

Applicant

Hon. Attorney General

1st Respondent

Tanzania Airport Authority (TAA)

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Ex Parte Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining eviction pending determination of the main suit

Ratio Decidendi

All three conditions for temporary injunction as established in Atilio vs Mbowe are met; applicant has shown prima facie case, risk of irreparable loss, and balance of convenience favors applicant.

Court Disposition

Application granted

Orders

  • Status quo to be maintained in the suit property pending determination of Land Case No. 17632 of 2024.
  • Each party to bear its own costs.