20111128 TZHC Dar es Salaam

20111128 TZHC Dar es Salaam

Plaintiff failed to prove existence of genuine triable issues or irreparable loss; allegations of fraud were unsupported by technical evidence or police report; bank's right to enforce security prevails.

Citation
20111128 TZHC Dar es Salaam
Parties
Plaintiff: Abdi Alli Salehe; 1st Defendant: ASAC Care Unit Limited; 2nd Defendant: Ayoub Salehe Chamshama; 3rd Defendant: Kenya Commercial Bank Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 November 2011
Procedural Posture
Land Case / Ruling on Application for Temporary Injunction
Outcome
Application for temporary injunction dismissed with costs.
Legal Topics
Temporary Injunction, Mortgage Fraud, Bank Security Enforcement
Source Language
English
Property Law Banking Law Civil Procedure Temporary Injunction Mortgage Fraud Bank Security Enforcement

Case Brief

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Parties

Abdi Alli Salehe

Plaintiff

ASAC Care Unit Limited

1st Defendant

Ayoub Salehe Chamshama

2nd Defendant

Kenya Commercial Bank Limited

3rd Defendant

Procedural Posture

Land Case / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the mortgage over Plot No. 12 Block 1 Kariakoo Area CT No. 28181 was created fraudulently without the plaintiff's consent
  2. 2 Whether the plaintiff is entitled to a temporary injunction restraining the bank from selling the property
  3. 3 Whether irreparable loss would be suffered by the plaintiff if injunction is not granted

Ratio Decidendi

Plaintiff failed to prove existence of genuine triable issues or irreparable loss; allegations of fraud were unsupported by technical evidence or police report; bank's right to enforce security prevails.

Court Disposition

Application for temporary injunction dismissed with costs.

Orders

  • Temporary injunction not granted.
  • Plaintiff to pay costs.