ibrahim twahili kusundwa others vs crdb bank ltd alis crdb babk plc others 2019 tzhclandd 66 20 september 2019

ibrahim twahili kusundwa others vs crdb bank ltd alis crdb babk plc others 2019 tzhclandd 66 20 september 2019

The court found that the prayer to restrain transfer of the property was overtaken by events as the property had already been transferred. However, the court held that the balance of convenience favored the applicants and tenants, as they would suffer greater hardship if disturbed before the main suit is determined. Therefore, a temporary injunction restraining interference with the suit premises was granted pending the outcome of the main suit.

Citation
ibrahim twahili kusundwa others vs crdb bank ltd alis crdb babk plc others 2019 tzhclandd 66 20 september 2019
Parties
1st Applicant: Ibrahim Twahili Kusundwa; 2nd Applicant: Ibrahim Twahili Kusundwa, The Administrator of Estate of the Late Twahili Selemani Kusundwa; 1st Respondent: CRDB Bank PLC; 2nd Respondent: MEM Auctioneers and General Brokers Ltd; 3rd Respondent: Epimaki S. Makoi; 4th Respondent: Prim A. Mushi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
20 September 2019
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction Pending Main Suit
Outcome
Application partly allowed
Legal Topics
Temporary Injunction, Status Quo Orders, Auction Procedure, Transfer of Property
Source Language
English
Civil Procedure Land Law Temporary Injunction Status Quo Orders Auction Procedure Transfer of Property

Case Brief

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Parties

Ibrahim Twahili Kusundwa

1st Applicant

Ibrahim Twahili Kusundwa, The Administrator of Estate of the Late Twahili Selemani Kusundwa

2nd Applicant

CRDB Bank PLC

1st Respondent

MEM Auctioneers and General Brokers Ltd

2nd Respondent

Epimaki S. Makoi

3rd Respondent

Prim A. Mushi

4th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction Pending Main Suit

Legal Issues

  1. 1 Whether a temporary injunction should be granted to restrain interference with the suit premises pending determination of the main suit
  2. 2 Whether the transfer of the suit property can be restrained after it has already occurred

Ratio Decidendi

The court found that the prayer to restrain transfer of the property was overtaken by events as the property had already been transferred. However, the court held that the balance of convenience favored the applicants and tenants, as they would suffer greater hardship if disturbed before the main suit is determined. Therefore, a temporary injunction restraining interference with the suit premises was granted pending the outcome of the main suit.

Court Disposition

Application partly allowed

Orders

  • Respondents, their employees and/or agents are temporarily restrained from causing any interference with operations at the suit premises including the tenants and other occupants on Plot No. 13 Block 30, Nyamwezi Street Kariakoo held under Certificate of Title No. 32350, pending the final determination of the main...