19961030 TZHC Dar es Salaam2

19961030 TZHC Dar es Salaam2

The suit and application are not properly before the High Court because the value of the subject matter is unstated, making it impossible to determine jurisdiction as required by Section 13 of the Civil Procedure Code. Additionally, the applicant failed to produce the loan agreement, so there is no proof of compliance with its terms, and thus no serious question to be tried or probability of success. Consequently, the application for injunction and the suit are dismissed.

Citation
19961030 TZHC Dar es Salaam2
Parties
Applicant: Applicant (unnamed); 1st Respondent: National Bank of Commerce; 2nd Respondent: Nakama Auction Mart
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 October 1996
Procedural Posture
Application for Injunction / Ruling on Interlocutory Application and Suit
Outcome
Application and suit dismissed with costs
Legal Topics
Jurisdiction, Injunctions, Loan Agreements
Source Language
English
Civil Procedure Jurisdiction Injunctions Loan Agreements

Case Brief

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Parties

Applicant (unnamed)

Applicant

National Bank of Commerce

1st Respondent

Nakama Auction Mart

2nd Respondent

Procedural Posture

Application for Injunction / Ruling on Interlocutory Application and Suit

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain the suit and application given the value of the subject matter is unstated
  2. 2 Whether the applicant is entitled to an injunction restraining the sale of his house

Ratio Decidendi

The suit and application are not properly before the High Court because the value of the subject matter is unstated, making it impossible to determine jurisdiction as required by Section 13 of the Civil Procedure Code. Additionally, the applicant failed to produce the loan agreement, so there is no proof of compliance with its terms, and thus no serious question to be tried or probability of success. Consequently, the application for injunction and the suit are dismissed.

Court Disposition

Application and suit dismissed with costs

Orders

  • The application for injunction is dismissed with costs.
  • The suit is dismissed with costs.