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The High Court Land Division dismissed a Mareva injunction application, holding the applicants failed to plead and prove specific irreparable loss.
Applicant failed to establish a strong prima facie case, ongoing or imminent threat to property, or irreparable loss not compensable by damages. Respondents' evidence was uncontroverted. Public interest in use of the road outweighs applicant's individual interest. All conditions for mareva injunction were not met.
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The applicants satisfied all conditions under Rule 11 for grant of stay of execution: timely application, demonstration of irreparable loss, existence of a pending appeal affecting the subject matter, and undertaking to furnish appropriate security. The subject matter must be preserved pending appeal to avoid rendering the appeal nugatory.
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The High Court granted a temporary injunction over a disputed 84-acre land parcel in Mbeya, preserving the status quo pending the main land suit.
The High Court at Mbeya dismissed Kinison Singoi’s application for stay of execution, holding that the mandatory requirement of security for due performance was not met.
The applicant failed to establish a prima facie case as he was not lawfully leased the land, the authority permitting his occupation was revoked, and he failed to meet conditions for alternative tenancy. His inability to pay for the alternative lease does not entitle him to continued occupation. No irreparable loss or balance of convenience in his favour was established. Application dismissed with costs.
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The High Court in Mwanza dismissed an interim injunction application over a disputed motor vehicle, finding no prima facie case, irreparable loss, or balance of convenience.
The applicant failed to establish a prima facie case, irreparable loss, and that the balance of convenience favored her; the respondent is a bona fide purchaser and the applicant's assertions were unsupported by sufficient evidence.
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The High Court granted a Mareva interim injunction, preserving status quo over leased land pending arbitration after finding a prima facie case, irreparable loss, and balance of convenience.
Applicant failed to cumulatively establish the three elements required for grant of injunction; specifically, irreparable loss and balance of convenience were not proven. The sale and transfer of the property had already occurred, making the injunction inappropriate.
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