abbas awes omar vs dezo civil contractors co ltd another 2023 tzhclandd 64 24 february 2023

abbas awes omar vs dezo civil contractors co ltd another 2023 tzhclandd 64 24 february 2023

The applicant met all three conditions for a temporary injunction: there is a serious triable issue regarding consent to the loan renewal, the applicant risks irreparable loss of property, and the balance of convenience favors the applicant as the loss to him outweighs any inconvenience to the bank.

Citation
abbas awes omar vs dezo civil contractors co ltd another 2023 tzhclandd 64 24 february 2023
Parties
Applicant: Abbas Awes Omar; 1st Respondent: Dezo Civil Contractors Co. Ltd; 2nd Respondent: Diamond Trust Bank Tanzania Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
24 February 2023
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Temporary Injunction
Outcome
Application granted
Legal Topics
Temporary Injunction, Mortgage, Guarantee, Irreparable Loss, Balance of Convenience
Source Language
English
Civil Procedure Land Law Banking Law Temporary Injunction Mortgage Guarantee Irreparable Loss Balance of Convenience

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Abbas Awes Omar

Applicant

Dezo Civil Contractors Co. Ltd

1st Respondent

Diamond Trust Bank Tanzania Ltd

2nd Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the respondents from disposing of the suit property pending determination of the main suit

Ratio Decidendi

The applicant met all three conditions for a temporary injunction: there is a serious triable issue regarding consent to the loan renewal, the applicant risks irreparable loss of property, and the balance of convenience favors the applicant as the loss to him outweighs any inconvenience to the bank.

Court Disposition

Application granted

Orders

  • Temporary injunction restraining the respondents from selling or disposing of the applicant's house apartments on 1st, 3rd and 4th floors on Plot No. 31 Block 61 Kariakoo Area, Dar es Salaam pending determination of the main suit.
  • Costs in the main cause.