SCAN 18728

SCAN 18728

The applicant satisfied all three mandatory conditions for a temporary injunction as set out in Attilio vs. Mbowe (1969) HCD, and the application was not contested by the respondents.

Citation
SCAN 18728
Parties
Applicant: Dorothy Andrew Mpaka; 1st Respondent: Victor Mutahangarwa Mpaka; 2nd Respondent: Manyara Sunflower Co Limited; 3rd Respondent: CRDB Bank PLC; 4th Respondent: Locus Debt Management Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 July 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application granted
Legal Topics
Temporary Injunction, Matrimonial Property, Mortgage, Spousal Consent
Source Language
English
Civil Procedure Land Law Temporary Injunction Matrimonial Property Mortgage Spousal Consent

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Parties

Dorothy Andrew Mpaka

Applicant

Victor Mutahangarwa Mpaka

1st Respondent

Manyara Sunflower Co Limited

2nd Respondent

CRDB Bank PLC

3rd Respondent

Locus Debt Management Limited

4th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the respondents from alienating, disposing or transferring the suit property pending determination of the main suit
  2. 2 Whether the mortgage and sale of the suit property without spousal consent is valid

Ratio Decidendi

The applicant satisfied all three mandatory conditions for a temporary injunction as set out in Attilio vs. Mbowe (1969) HCD, and the application was not contested by the respondents.

Court Disposition

Application granted

Orders

  • Temporary injunction entered restraining the respondents and any persons acting on their behalf from alienating, disposing or transferring Plot No. 101 Block 11 CT 61512 Mbweni Mpiji, Kinondoni District, Dar es Salaam pending determination of the main suit
  • No order as to costs