costatine kalipeni vs azania bank ltd another 2011 tzhccomd 2077 23 march 2011

costatine kalipeni vs azania bank ltd another 2011 tzhccomd 2077 23 march 2011

The applicant established triable issues regarding whether the default was cured and would suffer irreparable loss if the property was sold. The balance of convenience favored the applicant, justifying the grant of a temporary injunction pending determination of the suit.

Citation
costatine kalipeni vs azania bank ltd another 2011 tzhccomd 2077 23 march 2011
Parties
Applicant: Constatine Kalipeni; 1st Respondent: Azania Bank Ltd; 2nd Respondent: Viovena and Company Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
23 March 2011
Procedural Posture
Application for Temporary Injunction / Ruling on Application for Temporary Injunction
Outcome
temporary injunction granted
Legal Topics
Temporary Injunction, Mortgage Enforcement, Loan Default, Balance of Convenience
Source Language
English
Civil Procedure Banking Law Property Law Temporary Injunction Mortgage Enforcement Loan Default Balance of Convenience

Case Brief

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Parties

Constatine Kalipeni

Applicant

Azania Bank Ltd

1st Respondent

Viovena and Company Ltd

2nd Respondent

Procedural Posture

Application for Temporary Injunction / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the respondents from auctioning or selling the mortgaged property pending determination of the suit
  2. 2 Whether the applicant cured the default as per the notice issued by the 1st respondent
  3. 3 Whether irreparable injury would be suffered by the applicant if injunction is not granted

Ratio Decidendi

The applicant established triable issues regarding whether the default was cured and would suffer irreparable loss if the property was sold. The balance of convenience favored the applicant, justifying the grant of a temporary injunction pending determination of the suit.

Court Disposition

temporary injunction granted

Orders

  • Temporary injunction restraining the respondents from auctioning or selling the applicant's mortgaged property pending final determination of the suit
  • No order as to costs