joyce stambuli helela ta nopa enterprises vs crdb bank plc 2015 tzhc 2189 24 april 2015

joyce stambuli helela ta nopa enterprises vs crdb bank plc 2015 tzhc 2189 24 april 2015

The applicant satisfied all three requirements for a temporary injunction as established in ATTILIO V MBOWE. The application was properly brought under Order XXXVII, Rule 1 and 4 of the Civil Procedure Code. The applicant demonstrated a serious question to be tried, potential irreparable injury, and greater hardship if the injunction was withheld.

Citation
joyce stambuli helela ta nopa enterprises vs crdb bank plc 2015 tzhc 2189 24 april 2015
Parties
Applicant/plaintiff: Joyce Stambuli Helela t/a Nopa Enterprises; Respondent/defendant: C.R.D.B. Bank PLC
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 April 2015
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Temporary Injunction
Outcome
Application granted with costs.
Legal Topics
Temporary Injunction, Mortgage, Loan Agreement, Irreparable Injury
Source Language
English
Civil Procedure Banking Law Property Law Temporary Injunction Mortgage Loan Agreement Irreparable Injury

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Parties

Joyce Stambuli Helela t/a Nopa Enterprises

Applicant/plaintiff

C.R.D.B. Bank PLC

Respondent/defendant

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the respondent from dealing with the mortgaged property pending determination of the main suit
  2. 2 Whether the application was properly brought under the relevant provisions of the Civil Procedure Code

Ratio Decidendi

The applicant satisfied all three requirements for a temporary injunction as established in ATTILIO V MBOWE. The application was properly brought under Order XXXVII, Rule 1 and 4 of the Civil Procedure Code. The applicant demonstrated a serious question to be tried, potential irreparable injury, and greater hardship if the injunction was withheld.

Court Disposition

Application granted with costs.

Orders

  • Temporary injunction restraining the respondent, its agents, assignees, or any other person acting on its behalf from selling, leasing, assigning, entering possession or otherwise dealing with the landed property on plot No. 177 Block 'T' with C.T. No. 2403 - MBYLR situated at Mwanjelwa Area, Mbeya City.