Misc
Applicant failed to demonstrate irreparable loss, as the claim revolves around compensation which can be atoned by monetary means; all three conditions for injunction were not met cumulatively, thus application is refused.
- Citation
- Misc
- Parties
- Applicant: WATERCOM (T) LIMITED; 1st Respondent: KOM FOOD PRODUCTION LIMITED; 2nd Respondent: JIANYUNG CHEN
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2024
- Procedural Posture
- Misc. Land Application / Ruling on Application for Temporary Injunction
- Outcome
- Application refused
- Legal Topics
- Temporary Injunction, Trespass, Compensation, Irreparable Loss
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
WATERCOM (T) LIMITED
Applicant
KOM FOOD PRODUCTION LIMITED
1st Respondent
JIANYUNG CHEN
2nd Respondent
Procedural Posture
Misc. Land Application / Ruling on Application for Temporary Injunction
Legal Issues
- 1 Whether the applicant is entitled to a temporary injunction restraining respondents from entering and constructing roads on the disputed land
- 2 Whether the applicant will suffer irreparable loss if injunction is not granted
- 3 Whether the balance of convenience favors granting the injunction
Ratio Decidendi
Applicant failed to demonstrate irreparable loss, as the claim revolves around compensation which can be atoned by monetary means; all three conditions for injunction were not met cumulatively, thus application is refused.
Court Disposition
Application refused
Orders
- No order for costs
Full Case Text
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