aisha khalfan soud vs amana bank ltd 3 others 2022 tzhclandd 90 28 february 2022

aisha khalfan soud vs amana bank ltd 3 others 2022 tzhclandd 90 28 february 2022

Applicant established a prima facie case and triable issues regarding legality of mortgage over matrimonial property. Balance of convenience and irreparable loss favor applicant, who stands to suffer greater hardship if injunction is not granted. Respondents are restrained from disposing of the suit properties pending determination of the main suit.

Citation
aisha khalfan soud vs amana bank ltd 3 others 2022 tzhclandd 90 28 february 2022
Parties
Applicant: Aisha Khalfan Soud; 1st Respondent: Amana Bank Limited; 2nd Respondent: Bilo Star Debt Collectors Co. Ltd; 3rd Respondent: Nchambis Transporters Limited; 4th Respondent: Suleiman Masoud Suleiman
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
28 February 2022
Procedural Posture
Miscellaneous Land Case Application / Ruling on Interlocutory Injunction
Outcome
Application allowed with costs
Legal Topics
Temporary Injunction, Matrimonial Property, Mortgage, Auction of Property
Source Language
English
Land Law Civil Procedure Temporary Injunction Matrimonial Property Mortgage Auction of Property

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Parties

Aisha Khalfan Soud

Applicant

Amana Bank Limited

1st Respondent

Bilo Star Debt Collectors Co. Ltd

2nd Respondent

Nchambis Transporters Limited

3rd Respondent

Suleiman Masoud Suleiman

4th Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Interlocutory Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the respondents from auctioning matrimonial properties pending determination of the main suit
  2. 2 Whether the mortgage agreement over matrimonial properties was valid without the applicant's consent

Ratio Decidendi

Applicant established a prima facie case and triable issues regarding legality of mortgage over matrimonial property. Balance of convenience and irreparable loss favor applicant, who stands to suffer greater hardship if injunction is not granted. Respondents are restrained from disposing of the suit properties pending determination of the main suit.

Court Disposition

Application allowed with costs

Orders

  • Respondents restrained from disposing or dealing in any manner with the suit properties pending hearing and determination of the main suit