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The High Court dismissed a Mareva injunction application over disputed land near Tarangire National Park, finding delay, no entitlement, and environmental concerns.
The applicant failed to cumulatively satisfy the three mandatory conditions for grant of a temporary injunction: no serious issue to be tried was established, no irreparable loss was demonstrated, and the balance of convenience was not addressed. The application was therefore dismissed.
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Applicants established a prima facie case regarding ownership of the disputed lands, demonstrated risk of irreparable loss if injunction is denied, and balance of convenience favors applicants. Therefore, injunction is granted restraining respondent from trespassing pending determination of the main suit.
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The applicant failed to establish the three conditions required for a temporary injunction—irreparable loss, balance of convenience, and prima facie case—as the alleged loss is compensable in monetary terms and not irreparable.
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The applicant established a prima facie case by showing the existence of a final arbitral award and pending enforcement proceedings. The risk of irreparable harm was demonstrated by the potential for misuse or alienation of rental income, which could not be adequately compensated by damages. The balance of convenience favored the applicant, as denial of relief would likely cause greater hardship to the applicant than to the respondent. Therefore, interim injunctive relief was warranted.
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The High Court dismissed an application for temporary injunction, holding that a money refund claim did not justify restraining sale of assets absent irreparable loss.
High Court granted an ex parte interim injunction restraining encashment of a letter of credit after a supplier allegedly failed to deliver petroleum products.
The High Court granted a temporary injunction restraining a bank from selling mortgaged properties, finding a prima facie case, irreparable harm, and balance of convenience.
Land appeal over expiry of a right of occupancy, alleged fraudulent reallocation, and compensation for improvements. Appeal dismissed except for one ground, but compensation left undisturbed.
The applicant failed to establish a serious triable issue or that the injury would be irreparable and not compensable by monetary damages; thus, the requirements for granting a temporary injunction were not met.
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