amana bank ltd vs omar mohamed omar and others 2020 tzhccomd 2041 4 september 2020

amana bank ltd vs omar mohamed omar and others 2020 tzhccomd 2041 4 september 2020

The applicant failed to demonstrate that it would suffer irreparable loss not remediable by damages if the application was refused; the relief sought would disturb the status quo and prejudge the main suit, which is impermissible at the interlocutory stage.

Citation
amana bank ltd vs omar mohamed omar and others 2020 tzhccomd 2041 4 september 2020
Parties
Applicant: Amana Bank Limited; 1st Respondent: Omar Mohamed Omar; 2nd Respondent: Ali Mohamed Bahdela; 3rd Respondent: Bahdela Co. Ltd; 4th Respondent: Abubakari Ali Bahdela; 5th Respondent: Access Logistic East Africa Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
4 September 2020
Procedural Posture
Miscellaneous Commercial Application / Interlocutory Application for Appointment of Receiver Pending Main Suit
Outcome
Application dismissed
Legal Topics
Appointment of Receiver, Mortgage Enforcement, Interlocutory Relief, Preservation of Status Quo
Source Language
English
Civil Procedure Banking Law Property Law Appointment of Receiver Mortgage Enforcement Interlocutory Relief Preservation of Status Quo

Case Brief

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Parties

Amana Bank Limited

Applicant

Omar Mohamed Omar

1st Respondent

Ali Mohamed Bahdela

2nd Respondent

Bahdela Co. Ltd

3rd Respondent

Abubakari Ali Bahdela

4th Respondent

Access Logistic East Africa Ltd

5th Respondent

Procedural Posture

Miscellaneous Commercial Application / Interlocutory Application for Appointment of Receiver Pending Main Suit

Legal Issues

  1. 1 Whether the applicant should be appointed as receiver of the mortgaged property pending determination of the main suit
  2. 2 Whether the applicant will suffer irreparable loss if the application is not granted
  3. 3 Whether granting the application would disturb the status quo

Ratio Decidendi

The applicant failed to demonstrate that it would suffer irreparable loss not remediable by damages if the application was refused; the relief sought would disturb the status quo and prejudge the main suit, which is impermissible at the interlocutory stage.

Court Disposition

Application dismissed

Orders

  • Application for appointment of receiver is denied
  • Costs to be costs in the cause